(J30 

1857 

BANC 


University  of  California  •  Berkeley 
The  Peter  and  Rosell  Harvey 


Memorial  Fund 


>5'^^ 


IN  ASSEMBLY.]  LEIGHTH  SESSION. 


REPORT 


OF 


COMMITTEE  ON  STATE  PRISON, 


SUBMITTED 


FEBRUARY    26th,    1867. 


JAMES   ALLEN,    STATE   PRINTER. 


REPOKT. 


Mr.  Speaker  : 

Your  Committee  to  whom  was  confided  the  investigations  concerning  the 
State  Prison,  beg  leave  to  Report  : 

Five  of  our  members,  consisting  of  Messrs.  Rogers,  Shuler,*  Edwards,  Jessup 
and  McKune,  were  directed  by  resolution  of  this  Assembly  to  proceed  to  the 
State  Prison  at  Point  ban  Quentin,  and  make  personal  examination  into  the 
affairs  of  our  Penitentiary,  with  full  power  to  send  for  persons  and  papers  and 
to  administer  oaths.  "^ 

That  sub-committee,  on  the  27th  day  of  January  last,  proceeded  to  make 
their  investigations.  They  found  the  Prison  under  the  control  of  James  M. 
Estell,  under  a  contract  dated  March  26th,  1856,  with  R,  M.  Anderson,  G.  W. 
Whitman,  and  Henry  Bates,  Board  of  State  Prison  Commissioners,  and  a  sup- 
plementary agreement  made  April  3d,  same  year,  between  same  parties. 

The  Act  of  1856,  (Session  Laws,  p.  48,)  under  which  that  contract  was 
made,  provides  for  the  making  of  such  contract  and  authorizes  the  Commis- 
sioners to  pledge  the  State  to  pay  a  price  for  keeping  the  prisoners,  not  exceed- 
ing $15,000  per  month  ;  the  Act  also  appropriates  the  sum  of  $15,000  per 
month,  or  such  sum  per  month  less  than  that  amount,  in  accordance  with  the 
contract  to  be  made  by  the  Board  of  Commissioners. 

By  the  terms  of  the  contract,  the  State  Prison  property,  consisting  of  thirty- 
six  acres  of  land,  prison,  and  houses,  and  all  improvements — also  all  shipping, 
vessels,  boats,  fixtures,  implements,  tools,  furniture,  stock,  and  all  other  property 
of  the  State,  connected  with  the  Prison,  with  the  labor  of  the  prisoners,  were 
farmed  out  to  Mr.  Estell  for  the  term  of  five  years  ;  and  the  Commissioners 
agreed,  on  behalf  of  the  State,  to  pay  $10,000  per  month  for  the  safe  keeping 
of  the  prisoners,  iu  addition  to  the  lease  of  said  property. 

By  the  Act  referred  to,  the  Board  of  Commissioners  were  required  to  per- 
form certain  duties  in  attending  to  the  Police  of  the  Prison.  They  were  re- 
quired to  visit  the  Prison  from  time  to  time,  and  examine  into  its  government, 
and  from  personal  observation  and  conference  with  the  Directors,  to  change, 
alter  or  abolish  such  rules  and  regulations  as,  in  their  judgment,  might  be  found 
necessary. 


The  State  Prison  Directors  were  required  by  law  to  give  their  daily  attention 
to  the  enforcement  of  such  rules  and  regulations. 

The  Lessee  of  the  Prison,  by  the  terras  of  his  contract,  agreed  to  receive  and 
take  charge  of  all  convicts  confined  in  the  Prison  at  the  date  of  his  contract,  or 
any  other  State  Prison  which  may  be  established,  and  also  to  receive  and  take 
charge  of  all  who  might  be  convicted  and  sentenced  or  committed  to  imprison- 
ment in  the  State  Prison  during  the  said  term  of  five  years,  and  that  he  would 
safely  keep  the  said  convicts,  as  required  by  law,  in  said  Prison  or  Prisons,  for 
the  said  term  of  five  years,  at  his  own  cost  and  expense. 

He  further  agreed  to  establish  and  erect  such  buildings,  prisons,  and  walls, 
and  make  other  improvements  on  the  State  Prison  grounds,  or  those  purchased 
by  the  State  for  that  purpose,  as  would  conduce  to  the  safety  and  convenience 
of  properly  keeping,  securing,  working,  clothing,  feeding  and  medical  attend- 
ance for  the  State  convicts  without  cost  to  the  State  ;  and  he  further  agreed  to 
furnish  the  State  Prison  Directors  with  fuel  and  provisions  when  necessarily  re- 
siding at  the  Prison. 

CONDITION  OF  THE  PRISON  GROUNDS. 

By  referring  to  the  report  on  State  Prison  by  Joint  Committe  of  Senate  and 
Assembly,  printed  and  bound  with  appendix  to  Assembly  Journal  for  1856,  it 
will  be  seen  that  a  title  to  a  portion  of  the  Prison  grounds  was  in  dispute  at  the 
time  that  report  was  made.  Your  committee  have  not  ascertained  that  any 
steps  have  been  taken  by  the  Slate  to  clear  up  the  clouds  upon  the  title  mentioned 
in  that  report,  and  the  matter  will  claim  your  further  attention. 

The  selection  of  Point  San  Quentin  as  a  site  for  the  State  Prison,  although  it 
has  some  natural  advantages,  was,  in  our  opinion,  ill  advised.  The  situation  of 
the  Prison  upon  a  point  of  land  surrounded  by  water,  may  enable  fewer  men  to 
guard  the  prisoners  scattered  over  a  large  surface  than  if  situated  further  in  the 
interior,  but  practically  but  little  benefit  is  derived  from  such  location.  The  coun- 
ty of  Marin  is  thinly  settled,  and  but  little  aid  can  be  derived  from  citizens  in  case 
of  an  emeute.  The  immediate  vicinity  of  the  Prison  is  so  uneven  that  persons 
outside  the  walls  can  readily  secrete  themselves,  and  at  no  great  distances  are  hills 
covered  with  chapparal.  If  a  prisoner  escape  to  those  hills  he  may  secrete  himself 
for  any  length  of  time  and  escape  at  his  leisure. 

The  Prison  is  neither  located  on  any  great  thoroughfare  of  the  State  nor  in  a 
central  position,  and  the  consequence  is  that  there  is  much  more  difficulty  and  ex- 
pense transmitting  prisoners  than  would  exist  at  San  Francisco  or  Sacramento. 
Sheriffs  taking  prisoners  to  San  Quentin  from  the  northern  counties  are  compelled 
usually  to  stay  at  San  Francisco  one  night,  and  then  run  the  risk  of  getting  a 
boat  to  proceed  to  San  Quentin  the  next  day ;  in  the  meantime,  in  addition  to  the 
expense,  there  is  additional  difficulty  in  securely  keeping  the  prisoners. 

But  the  expense  of  building  the  Prison  at  that  point  having  been  incurred,  it 
would  be  impracticable  at  this  time  to  remove  it.  The  north  wall  of  the  Prison  is 
202.06  yards  long  ;  the  east  wall  is  497;  the  south  wall  224.04,  and  the  west  wail 
is  493.03  ;  and  it  appears  to  be  sufficient  for  all  purposes  of  a  prison  wall. 

The  prison  building  contains  in  the  second  story  forty-eight  cells  for  close  con- 
finement of  prisoners.     The  cells  are by feet  in  the    clear,   and  are 

now  fitted  up  for  sleeping  apartments,  four  beds  in  one  cell.  The  building  itself  is 
thirty  feet  wide  from  north  to  south,  and  one  hundred  and  eighty-six  feet  long  from 
east  to  west.  The  room  of  the  turnkey  is  in  the  first  story,  in  east  end  of  the 
building,  and  the  residue  of  the  first  story  is  occupied  by  a  single  room  one  hun- 
dred and  sixty  feet  long,  with  beds  for  two  hundred  and  twenty- eight  men.     The 


entrance  to  the  cells  in  the  second  story  is  from  the  balcony,  and  the  number  of 
cells  is  not  sufficient  to  accommodate  the  number  of  persons  who  should  be  con- 
fined in  cells.  There  should  be  an  additional  building  erected  of  at  least  the  ca- 
pacity of  the  one  above  described,  to  accommodate  the  prisoners  with  suitable 
quarters.  The  building  should  be  so  constructed  that  the  entrance  to  the  cells 
should  be  from  a  hall,  as  that  can  be  more  readily  guarded  than  a  balcony. 

The  committee  have  no  means  of  knowing  how  much  grading  has  been  done 
within  the  walls  of  the  prison  during  the  last  year,  but  they  have  every  reason  to 
believe  that  improvements  in  that  respect  have  been  made  to  a  large  amount,  and 
that  in  a  few  months  the  grading  will  be  completed. 

There  are  at  present  large  amounts  of  lumber  lying  loose  about  the  prison  yard, 
thus  giving  facilities  for  scaling  the  walls,  which  should  be  removed,  and  thus 
chances  of  escape  avoided. 

The  Lessee  has,  within  the  last  year,  under  his  contract,  commenced  the  con- 
struction of  a  wharf,  about  four  hundred  yards  east  of  the  prison,  which,  when 
completed,  will  enable  steamboats  at  all  stages  of  the  tide,  by  going  about  a  mile 
and  a-half  out  of  their  course  to  and  from  San  Francisco,  to  land  and  discharge 
their  freights.  This  is  rendered  necessary,  when  we  consider  that  at  this  time,  and 
as  the  wharfs  at  the  prison  are  now  located,  vessels  of  any  considerable  draft  can 
only  pass  the  bars  at  high  tides. 

The  Lessee  has  also  commenced,  and  has  now  nearly  finished  two  ranges  of 
work  shops,  raoie  particularly  described  in  Exhibit  No.  1,  herewith  submitted. 

These  workshops  should  have  been  erected  long  since,  and  the  prisoners  should 
have  been  required  to  work  within  the  walls.  There  are  several  buildings  out- 
side the  prison  walls  now  in  use  as  offices,  store-houses,  bakery,  eating  apart- 
ments; a  portion  of  them  are  on  lands  not  the  property  of  the  State,  but  are  in 
constant  use  as  prison  property. 


CONDITION  OF  PRISONERS. 

The  sub-committee  mentioned,  on  the  29th  day  of  January,  proceeded  to  make 
their  examinations  of  the  prisoners. 

The  lessee  placed  at  their  disposal  the  officers  of  the  Prison,  who  called  into 
the  Prison  yard  all  the  prisoners  whose  attendance  could  be  readily  secured. 
The  committee  had  provided  for  use  a  list  of  all  the  prisoners,  which  according 
to  the  books  of  the  Prison  should  be  present.  Each  prisoner,  as  his  name  was 
called  passed  from  the  circle  in  which  he  was  standing  in  view  of  the  committee. 
The  committee  found  present  at  the  Prison  and  Island  459  convicts,  the  names 
of  whom  are  herewith  submitted  in  exhibit  No.  2.  These  men  were  in  general 
sufficiently  well  clothed  for  pleasant  weather,  but  for  stormy  there  should  have 
be^  additional  clothing.  There  was  a  want  of  shoes  among  some  of  the  con- 
victs, and  the  lessee  should  be  compelled  by  rules  to  furnish  additional  supplies 
of  clothing,  so  that  prisoners  at  all  times,  at  least  during  winter,  should  have 
shoes.  None,  or  at  least  but  few,  of  the  convicts  were  furnished  with  socks.  At 
this  season  of  the  year,  in  the  opinion  of  your  committee,  each  prisoner  should 
be  famished  with  a  change  of  clothing,  including  socks,  and  more  attention  should 
be  paid  to  the  cleanliness  of  the  convicts  by  requiring  them  to  change  their 
clothing.  The  ten  convicts  said  to  be  on  the  ranches,  we  did  not  see,  and  the 
two  at  San  Raphael  were  not  seen  by  the  committee.  There  were  six  prisoners 
not  found  at  the  Prison  and  not  accounted  for  by  the  officers  of  the  Prison. 
Their  names  are  shown  in  exhibit  No.  2.  We  have  no  means  of  knowing  where 
these  prisoners  are  or  what  they  are  employed  about,  except  the  convict  Esparza. 


'■I  The  labor  of  the  prisoners  has  been  employed  during  the  year  last  past,  mostly 
ih  improving  the  Prison  grounds  and  in  making  bricks. 

Bricks  are  made  outside  the  Prison  walls,  and  the  convicts  while  at  work  are 
under  guards,  who  watch  their  movements,  and  prevent  escapes,  and  about 
1,000,000  of  iDricks  have  been  made  at  tlie  Prison  during  the  past  year. 

The  convicts  not  found  at  the  Prison  were  of  four  classes  : 

1st.  Those  at  Marin  Island  quarrying  stone. 

2d.  Those  working  on  ranches  occupied  by  the  Lessee,  from  one  to  three  miles 
distant  from  the  Prison, 
r  3d.  Those  on  board  boats  of  the  Lessee, 
'  ^  4th.  Those  allowed  to  work  for  citizens  at  San  Raphael. 

The  names  of  those  convicts  thus  engaged  are  shown  in  exhibit  No.  2. 

The  said  sub-committee  examined  the  provisions  used  in  feeding  the  prisoners 
and  report  that  the  flour  used  is  of  coarse  quality,  but  sweet  and  well  adapted 
to  the  use  of  prisoners.  The  same  remarks  apply  to  the  beans  used.  We  ex- 
amined the  hams  and  bacon  used,  and  consider  the  lot  on  hand  as  unsuitable  for 
provisioning  the  Prison.  Some  of  the  pieces  were  in  the  last  stages  of  decom- 
position. These  were  thrown  aside,  and  the  better  quality  only  used,  but  the, 
rules  of  the  Prison  should  require  the  use  of  uncondemned  meat.  For  the  quality 
of  the  hams  used  for  the  last  month  see  exhibit  No.  3,  being  the  deposition  of 
E.  H.  Pomeroy,  Commissioner  of  the  Prison,  see  also  the  exhibits  annexed  to 
same  deposition  for  a  copy  of  the  issue  sheets,  for  the  months  of  October,  Novem- 
ber, December,  and  January  last.  While  cattle  could  be  readily  procured,  fresh 
beef  was  used,  but  later  in  the  season  ham  was  substituted. 

The  witness  states  that  he  heard  no  complaints  of  the  quality,  but  he  did  as  to 
the  quantity  of  beef  distributed. 


THE  "  TRUSTS  SYSTEM." 

In  conducting  the  affairs  of  the  State  Prison  of  California,  a  system  of  favoritism 
has  obtained,  not  known  in  any  other  country,  commonly  called  the  "  trusty 
system." 

The  depositions  of  E.  H.  Pomeroy,  (exhibit  No.  3,)  George  W.  Wells,  (exhibit 
No.  4,)  C.  E.  Meridith,  (exhibit  No.  5,)  deposition  of  William  Parsley,  (exhibit 
No.  6,)  and  Wm.  H.  Woodcock,  (exhibit  No.  7,)  herewith  submitted,  show  the 
workings  of  the  system  as  now  practised.  It  was  probably  inaugurated  immediately 
after  our  State  Prison  had  existence  by  the  present  Lessee,  and  has  been  continued 
ever  since.  It  consists  in  granting  certain  of  the  prisoners  special  privileges.  Such 
are  permitted  to  sleep  outside  the  prison  walls;  they  need  not  be  present  at  roll 
call;  they  are  not  confined  within  the  guard  lines;  they  are  permitted  and  selected 
to  man  the  boats  and  go  to  different  parts  of  the  State;  they  are  used  to  work  on 
ranches,  not  under  guard,  at  a  distance  from  the  prison,  and  not  watched  by  the 
officers;  some  are  allowed  to  work  as  servants  in  the  vicinity  of  the  prisons,  others 
Ji^ve  been  allowed  to  go  to  San  Francisco  unattended. 

1.^' A  list  of  these  "  Trusties"  is  annexed  to  the  deposition  of  E.  H.  Pomeroy,  in 
exhibit  No.  2. 

One  of  those  "  Trusties,"  Francisco  Esparza,  convicted  for  grand  larceny,  we 
could  not  find  at  the  prison.  The  committee  were  informed  at  the  prison  that  he 
was  at  the  Island;  at  the  Island,  that  he  was  on  the  boat,  and  we  were  unable  either 
to  find  him  cr  to  get  any  information  at  the  prison  where  he  was.  We  made  in- 
quiry of  General  Estell  as  to  his  whereabouts,  and  he  did  not  know  there  was  such 
a  person. 


R7 

The  deposition  of  Hon,  Martin  E.  Cook,  herewith  submitted,  throws  some  light 
on  the  subject,  which  illustrates  the  working  of  the  "  Trusty  System." 

The  93d  section  of  the  Act  of  1850,  concerning  crimes  and  punishments,  (Com- 
piled Laws  657,)  reads,  "and  if  any  person  or  persons  shall  set  at  liberty  or 
rescue  any  person  who  shall  have  been  found  guilty  or  convicted  of  crime,  the 
punishment  of  which  is  imprisonment  in  the  State  Prison  or  in  prison,  the  person 
so  oiFending,  on  conviction  thereof,  shall  be  sentenced  to  the  same  punishment  that 
would  have  been  inflicted  on  the  person  so  set  at  liberty  or  rescued. 

By  common  law,  any  person  guilty  of  "  an  escape''  was  punishable,  and  an 
escape  was  defined  to  be  the  deliverance  of  a  person,  who  is  lawfully  imprisoned, 
out  of  prison  before  such  person  is  entitled  to  such  deliverance  by  law.  He  that 
aids,  assists,  or  counsels  any  one  to  aid  or  assist  a  convict  to  escape,  would  be  guilty 
under  the  law  of  such  escape. 

Even  in  civil  cases,  the  defendant  arrested  must  he  held  in  corporeal  bondage; 
"  duress  of  imprisonment"  has  a  technical  meaning,  and  any  privilege  extended  by 
the  keeper  which  avoids  that  duress  will  constitute  an  escape. 

It  was  decided  in  2d  of  Mason's  Reports,  486,  that  when  the  keeper  of  a  prison 
made  use  of  the  prisoners  confined  for  debt,  as  turnkey,  and  trusted  him  with  the 
keys,  he  was  guilty  of  a  constructive  escape. 

The  judgment  against  a  party  convicted,  is,  that  he  be  imprisoned  in  the  State 
Prison.  It  is  not  sufficient  to  satisfy  that  judgment  that  he  be  attached  to  the 
establishment  of  the  Prison  for  the  mere  accommodation  of  the  Directors  or 
Lessee.  Prisoners  are  not  sent  there  for  the  purpose  of  working  merely,  or  at- 
tending to  domestic  duties  in  private  families,  or  for  the  purpose  of  acting  as 
clerks,  turnkeys  and  general  servants  about  the  establishment,  free  of  that  per- 
sonal restraint  inseparable  from  the  idea  of  imprisonment. 

Your  Committee  believe  that  the  letter  and  spirit  of  the  law  required  a  radi- 
cal change  in  the  management  of  the  Prison  in  this  regard.  The  Directors  who 
had  charge  of  the  Prison  before  the  Lessee  took  possession  under  his  present 
lease,  disregarding  the  law  in  the  premises,  neglected  to  keep  prisoners  in  cus- 
tody, but  permitted  them  to  go  at  large,  on  trust  ;  and  the  extent  to  which  the 
system  has  been  carried  under  the  lease  has  been  a  cause  of  serious  alarm  in  the 
vicinity  of  the  Prison.  It  is  to  be  regretted  the  trusty  system  was  ever  inaugu- 
rated, as  it  destroys  the  objects  to  be  attained  by  imprisonment  ;  a  general  sys- 
tem of  favoritism  is  kept  up  ;  and  this  depends  upon  the  will,  not  of  the  Judge 
^  giving  sentence,  nor  on  the  law  or  the  offence  committed  by  the  convict,  but 
upon  the  will  of  the  Lessee  ;  and  thus  far  no  check  has  been  interposed. 

Had  the  Grand  Jury  of  the  county  of  Marin  indicted  all  persons  guilty  of 
permitting  prisoners  to  escape,  the  system  would  long  since  have  ceased  to  exist. 
It  was  their  clear  duty  so  to  do  ;  the  fact  that  large  numbers  of  prisoners  have 
been  turned  loose  on  community  by  the  permission  of  the  officer  of  the  Prison, 
is  undoubted  ;  and  for  each  instance  the  officer  so  doing  is  guilty  of  a  violation 
of  the  criminal  laws  and  liable  to  indictment. 

In  addition  to  the  criminal  aspect  of  the  trusty  system,  the  present  Lessee,  in 
the  contract  under  which  he  holds  the  Prison,  agreed  to  receive  and  take  charge 
of  all  the  convicts  and  safely  keep  them  in  the  Prison.  It  is  submitted  that 
keeping  them  on  ranches,  in  private  dwellings,  or  as  sailors  on  board  of  boats,  is 
not  keeping  them  in  prison  according  to  his  contract.  These  are  clear  breaches 
of  contract,  but  on  the  question  how  far  the  Lessee  is  liable  on  his  bond  we  do 
not  express  an  opinion.  The  bond  is  signed  by  J.  M.  Estell,  Frank  Denver, 
B.  H.  Munson,  H.  S.  Brown,  J.  W.  McCorkle  and  J.  C.  Davis,  and  is  in  the 
penal  sum  of  $200,000  conditioned  that  the  Lessee  would  keep  and  perform  all 
and  singular  the  covenants  and  agreements  on  his  part  to  be  done,  kept  and  per- 
formed, mentioned  in  the  said  lease. 


It  may,  however,  be  proper  to  remark  that  the  law  provides  no  measure  of 
damages  to  be  recovered  on  such  bond  where  prisoners  are  allowed  to  escape. 

These  remarks  are  submitted  on  the  hypothesis  that  the  contract  of  lease  is 
yalid  and  binding  on  the  State  and  Lessee. 

-t;' The  contract  was  entered  into  without  advertising  for  competition,  the  Com- 
missioners pursuing  their  duties  under  the  law,  made  the  contract,  and  a  ques- 
tion now  arises  under  the  circumstances  what  course  shall  be  taken  by  the  State 
in  the  further  management  of  the  Prison.  From  the  foregoing  considerations, 
together  with  others  submitted  under  the  head  "  Miscellaneous,"  in  this  Report, 
your  Committee  are  of  opinion  the  present  Lessee  is  an  unsuitable  person  to  in- 
trust with  the  management  of  a  penitentiary.  With  a  view  to  ascertain  the 
exact  rights  of  the  Lessee  under  his  contract,  your  Committee  addressed  a  letter 
to  the  Hon,  Attorney  General  of  the  State,  asking  his  opinion  upon  the  validity 
of  such  contract.  The  reply  of  the  Attorney  General  is  herewith  submitted,  as 
Exhibit  No.  8.  The  opinion,  it  will  be  seen,  goes  to  the  extent  of  declaring 
said  lease  void  and  that  no  rights  are  vested  under  it  in  the  Lessee. 

Your  Committee  are  not  disposed  to  argue  the  questions  connected  with  the 
constitutionality  of  the  law  under  which  the  lease  was  executed.  Nothing,  how- 
ever, can  be  clearer  than  that  if  the  law  referred  to  was  unconstitutional,  no 
rights  could  vest  under  it,  and  any  disposition  the  Legislature  chooses  to  make 
concerning  the  Prison  would  not  interfere  with  a  vested  right. 


MISCELLANEOUS. 

The  Board  of  Commissioners  by  the  3d  section  of  the  law  of  1856  were  required 
to  make,  alter,  amend,  and  cause  to  be  observed  such  rules  as  they  might  deem 
proper.  For  the  purpose  of  ascertaining  what  rules  had  been  made,  and  how 
the  Commissioners  had  attended  to  their  duties,  under  the  laws,  your  committee 
addressed  a  letter  to  the  Hon.  R.  M.  Anderson,  President  of  the  Board,  con- 
taining certain  inquiries.  His  reply  is  herewith  submitted,  marked  exhibit  No. 
9.  By  such  communication  we  learn  that  the  Commissioners  adopted  the  old 
rul6s  in  force  at  the  time  the  commission  was  established.  These  rules  are  twelve 
in  number.  They  relate  exclusively  to  the  management  of  the  prisoners  by  the 
guard.  The  rules  do  not  go  to  the  extent  of  applying  any  remedy  to  the  exist- 
ing evils  complained  of.  We  are  of  the  opinion  that  if  the  Commissioners  had 
established  wholesome  rules,  and  had  attended  to  their  enforcement,  there  would 
now  be  less  to  complain  of.  The  rules  are  such  as  the  Lessee  himself  would  have 
made  for  the  management  of  his  employees;  none  of  them  seem  to  have  been 
made  to  require  the  Lessee  to  comply  with  the  requirements  of  the  law.  The 
quality  and  quantity  of  food — the  clothing  of  the  prisoners,  and  their  discipline, 
are  not  touched  by  the  rules.  By  them  the  trusty  system  might  have  been 
abolished.  The  prisoners  could  have  been  kept  in  prison,  and  other  abuses 
could  have  been  corrected.  In  thus  neglecting  a  clear  duty,  the  Commissioners 
deserve  censure.  They  can  scarcely  be  viewed  in  any  other  light  than  as  guilty 
of  negligence  bordering  on  criminality.  The  State  confided  to  them  a  sacred 
trust.  The  Lessee  does  not  occupy  his  position  as  an  officer,  he  is  supposed  to 
act  from  pecuniary  motives  ;  not  so  with  the  Directors,  they  receive  a  salary, 
and  are  sworn  officers  of  the  law.  We  had  a  right  to  expect  of  them  that  they 
would  use  the  power  confided  to  them,  and  stand  between  the  Lessee,  the  prison- 
ers and  the  State,  and  see  exact  justice  done.  Instead  of  a  faithful  discharge  of 
their  duties,  they  have  totally  disregarded  the  requirements  of  the  law,  have 
neglected  to  make  needful  rules  governing  the  prison,  when  in  them  was  confided 


the  only  power  capable  of  remedying  the  evil  complained  of,  and  have  quietly 
rested,  permitting  the  continuance  of  prison  discipline,  disgraceful  alike  to  the 
State  and  the  parties  whose  duty  it  was  to  remedy  the  same. 

By  the  law  the  Directors  are  required  to  attend  to  the  enforcement  of  rules 
established  by  the  Commissioners.  If  the  Commissioners  had  established  strict 
prison  discipline,  and  the  iJirector.'.  had  attended  to  the  enforcement  of  such  rules, 
their  offices  would  not  have  been  of  a  sinecure  character,  and  the  salaries  paid  to 
those  ofiBcers  would  not  have  been  paid  in  vain.  But  as  the  matter  now  stands, 
those  officers  have  been  of  very  little  benefit  to  the  State. 

We  submit  herewith  a  communication  from  A.  Bell,  Esq.,  State  Prison  Di- 
rector, marked  "  Exhibit  No  10,"  containing  matter  worthy  of  note,  and  in 
extenuation  of  his  official  conduct,  we  have  found  him  ever  ready  to  give  us  any 
information  in  his  power  concerning  the  Prison.  This  remark  applies  to  Mr. 
McKenzie,  and  all  others  connected  with  the  Prison. 

The  committee  have  taken  some  testimony,  designing  to  show  an  arrangement 
by  which  a  large  amount  of  provisions  and  clothing  were  purchased  by  the  State 
while  the  law  under  which  the  lease  was  made  was  passing  the  Legislature,  which 
clothing  and  provisions  were  delivered  over  to  the  Lessee  and  used  by  him. 

The  evidence  referred  to  is  contained  in  the  depositions  of  llobert  Haly,  A.  M. 
Hay,  and  J,  F.  McCaully.  The  note  referred  to  by  McCaully  was  drawn  by 
Estell  and  Woods  in  favor  of  A.  M.  Hay,  witnessed  by  W.  B.  Farweil,  for  $6,000, 
dated  San  Francisco,  May  — ,  payable  on  or  before  November  1st,  1856, 

We  were  unable  to  come  to  any  conclusion  as  to  the  subject  matter  by  reason  of 
the  refusal  of  Mr.  Hay  to  answer  our  question,  and  we  merely  submit  the  deposi- 
tions. 

On  the  17th  instant  the  Governor  addressed  a  letter  to  Mr,  Edwards,  one  of 
your  committee,  who  was  then  in  San  Francisco,  which  letter  is  herewith  sub- 
mitted. Mr.  Edwards  accordingly  went  to  the  Prison  on  the  18th,  and  made  his 
examination,  according  to  the  request  of  the  Governor,  He  found  many  of  the 
prisoners,  probably  one-fourth,  in  a  condition  bordering  on  destitution;  about  one 
hundred  of  them  without  shoes,  and,  as  a  general  thing,  the  remainder  very  badly 
shod,  and  unless  supplies  shall  be  very  soon  furnished  very  few  will  have  shoes. 

A  majority  of  the  prisoners  had  not  sufficient  clothing  for  comfort  in  summer, 
and  from  their  general  filthy  appearance  he  judged  there  was  not  clothing  sufficient 
for  change. 

On  examination  of  the  bedding  there  was  evidently  insufficient  for  purposes  of 
comfort. 

On  examination  of  the  provisions,  Mr.  Edwards  found  the  quality  such  as  no 
human  being  should  be  required  to  eat — consisting  mostly  of  rusty  mackerel  and 
brown  bread.  He  was  informed  by  the  Superintendant  that  once  a  day  small 
rations  of  corned  beef  were  distributed.  The  quantity  was  very  small,  not  suffi- 
cient to  last  beyond  the  21st  inst. 

The  depositions  of  J.  G.  Gordon  and  C.  A.  Conner,  J.  H.  Harris,  H.  R.  John- 
son, John  Morton,  John  Henry,  herewith  submitted,  show  that  there  is  positive 
suffering  at  the  prison  for  want  of  necessary  supplies,  and  cummon  humanity  would 
dictate  that  an  immediate  change  should  be  made  in  the  management. 

CONCLUSION    OF   FACT. 

That  the  contract  under  which  the  present  Lessee  holds  the  State  Prison  is 
void. 

That  the  contract  is  not  as  favorable  to  the  State  as  can  be  made. 

That  the  prisoners  have  not  been  sufficiently  well  clad  or  fed  during  the  year 
last  past. 

2 


10 

That  the  Commissioners  have  neglected  their  duties,  and  the  Directors'  offices 
have  been  of  little  use  in  the  administration  of  the  affairs  of  the  Prison. 

That  the  Lessee  has  used  the  labor  of  the  prisoners  mainly  in  making  bricks 
for  sale  during  the  past  season. 

That  this  has  been  done  to  the  neglect  of  building  suitable  quarters,  at  an 
early  day,  inside  the  prison  walls,  for  the  accommodation  of  the  prisoners. 

That  the  former  Directors,  the  present  Directors  and  Lessee  of  the  State 
Prison,  have  been  guilty  of  gross  negligence  and  positive  criminality  in  per- 
mitting convicts  to  go  at  large  contrary  to  law. 

Your  Committee  recommend — 

1st. — The  State  should  have  an  agent  of  experience  in  prison  matters  and 
independence  of  character  residing  at  the  Prison,  whose  duty  it  shall  be  to  see 
exact  justice  done  between  the  State,  the  prisoners  and  the  Lessee.  He  should 
have  entire  control  of  the  registry  of  Prison  papers.  lie  should  have  the  cus- 
tody of  the  Prison  seal  ;  should  be  required  to  make  and  enforce  rules  for  the 
administration  of  affairs  of  the  Prison,  and  should  be  required  to  report  monthly 
to  the  Governor,  giving  in  that  report  full  accounts  of  the  affairs  of  the  Prison, 
and  if  any  escapes  have  been  effected,  giving  particulars  of  such  escapes.  He 
should  have  power  to  enforce  any  rules  regarding  the  food  and  clothing  of  the 
prisoners. 

2d. — A  new  Prison  building  should  be  erected,  with  a  separate  department 
for  females. 

3d. — The  abolition  of  the  "  Trusty"  system.  Treating  all  persons  with  kind- 
ness, but  having  no  favorites. 

4th. — That  a  correct  account  of  all  moneys  taken  from  prisoners  be  noted  in 
a  book  and  accounted  for  when  the  prisoner  is  discharged,  and  that  no  prisoner 
be  allowed  to  give  any  money  to  an  attache  of  the  Prison  ;  also,  that  no  con- 
vict should  be  discharged  without  giving  him  some  small  amount  of  money;  suf- 
ficient to  meet  his  immediate  necessities. 

5th. — The  entire  books  to  be  kept  by  freemen. 

6th. — The  establishment  of  a  hospital. 

7th  — The  State  Prison  to  be  made  reformatory  as  well  as  disciplinary. 

8th. — The  convicts,  without  distinction,  to  be  dressed  in  prison  uniform. 

9th. — An  ordinary  citizen's  dress  to  be  given  discharged  convicts. 
10th. — Insane  prisoners  to  be  sent  to  the  Insane  Asylum. 
11th. — The  law  forbidding  the  sale  of  liquor  within  two  miles  of  the  Prison 
should  be  rigidly  enforced. 

In  conclusion,  a  majority  of  your  Committee,  composed  of  Messrs.  Rogers, 
Edwards,  Holden,  Jessup,  Anderson  and  McKune,  recommend  the  passage  of 
an  Act  herewith  submitted.  A  minority,  composed  of  Messrs.  Shuler  and  Liv- 
ermore,  sign  this  Report  without  making  any  recommendation. 

GEO.  H.  ROGERS,   Chairman. 
THOS.  H.  ANDERSON, 
J.  H.  McKUNE, 
WM.  HOLDEN, 
URIAH  EDWARDS, 
RICHARD  M.  JESSUP, 
JAMES  LIYEllMORE, 
GEORGE  L.  SHULER. 


APPENDIX  TO  EEPORT. 


14 


• » <  •  <  • 


A.PPE]Srl3IX 


EXHIBIT  NO.  I. 


The  buildings  erected  within  the  last  year  for  workshops  are  in  two  ranges,  and 
immediately  joining  each  other. 

Length  of  each  from  north  to  south  4Y9  teet.  Width  of  the  west  building,  33  feet; 
width  of  the  east  building,  36  feet.  Both  in  a  partial  state  of  completion.  The 
material  used  for  building  the  walls  are  stone  and  bricks — roofed  with  shingles. 

The  long  room  of  the  prison  is  147  feet  long  by  28  feet  6  inches — furnishing 
sleeping  accommodations  for  230  prisoners. 

Whole  number  of  prisoners  placed  in  the  hands  of  the  Lessee  March 

29,  1856 421 

Number   of  pardons  since  to  January  28,  1857 19        -• 

*'  Escapes  to  same  time 52 

"       Discharged  .  MuMi 19 

"       Died 3 

"       Drowned • 2 

"       Killed *^^*.4l.if3«#W  I 

»      Taken  out  on  habeas  corpus .^. . . . . .      3 

The  number  of  prisoners  sent  from  each  County  to  State  Prison  from  December 
21st,  1855,  to  January  27th,  1857,  are  as  follows  : 

From  El  Dorado  Co II 

"  San  Francisco  Co • 83 

"  Santa  Barbara  Co • 6 

"  Yuba  Co 22 

"  Mariposa  Co 9 

"  Los  Angeles  Co 14 

"  Alameda  Co 6 

"  Solano    Co 3 

•'  Contra  Costa  Co 4 


14 


From  Sonoma  Co 3 

"  Tuolumne  Co 8 

"  Santa  Clara  Co 6 

"  Sacramento  Co 19 

"  Butte  Co 5 

"  Nevada  Co 11 

"  Amador    Co 12 

"  Placer  Co 16 

"  Monterey   Co 1 

"  Santa  Cruz  Co 2 

•'  Siskiyou   Co 4 

"  Shasta  Co 5 

"  Calaveras    Co 12 

"  Trinity  Co 5 

"  San  Joaquin  Co 6 

"  San  Mateo  Co 1 

"  San  Diego  Co 1 

"  Yolo  Co 1 

"  Fresno    Co 2 

"  San  Bernardino  Co 2 

"  Marin  Co 1 

"  Tehama  Co 1 

"  San  Luis  Obispo  Co 1 


bm  ."ia^asi 


;}f»-^^?!   v,n:^ffv 


EXHIBIT  NO.  II. 


List  of  Prisoners  found  at  the  Prison. 


It^^George  Adams, 
f< 'Marco  Cortellos, 
ScMarco  Soto, 
^•'T'Cherino  Rivera, 

Elieno  Rodriguez, 

Manuel  Goise, 
i   Jose  H.  Vea, 

Joseph  Kuhn, 

Carlos  Camplido, 
■xiuiOoJ.  A.  Gonzales,  (sick,) 

J.  C.  Smith, 

Anto  Hernandez, 
i;  Pedro  Gonzales, 
%%  Henry  Howard,  • 

0  N.  N orris, 
i'l'Pasqual  Cassillo, 
9  Jno.  Campbell, 
JH  Jno,  Williams, 
(^   Juan,  (an  Indian,) 
f!  J.  M.  Sepulveda, 

Jesus  Romo, 


William  Fleek, 
J.  R.  Mitchell, 
Jno.  Cahill, 
Wm.  Thompson, 
Nestor  Imperial, 
Jolly  Sebastian, 
Rafail  Gallenti, 
Jack  Rowen, 
George  Wright, 
Hiram  Durham, 
E.  Cheviarie, 
William  Courtney, 
Jose  Maria, 
Ah  Wah, 
Timothy  Ryan, 
Man'l.  Marrand, 
John  Urrea, 
Yario  Gorzales, 
Baptiste  Gawarya, 
Pedro  Sesa, 
William  Bryant, 


15 


Bobert  Willmott, 
Jno.  Smith, 
George  Taylor, 
James  Minturn,    <  .>i  .onl 
S.  T.  Cochran,  ..  ..  s 

Fernando  Gronzales, 
James  F.  Morse, 
Sango  Munoz, 
Francisco  Rinaz, 
Thos.  Crooks, 
Francisco  Morales, 
Wm.  Clayton, 
Man'l.  Garcia, 
H.  R.  Hustif, 
Jno.  Smith, 
Wm.  Lus, 
Stephen  Blake, 
Wm.  D.  Carr, 
Lorenzo  Havio, 
Janacio  Montero, 
Thomas  Bayecero, 
Geraldo  Barensuelo, 
Robert  Thompson,  : 

Man'l.  Antone, 
John  Reynolds, 
Jose  Escalantes, 
A.  J.  Riley, 
Isaac  Riptoe, 
William  H.  Allen, 
Miguel  Seguera, 
Jules  Ducheire, 
C.  E.  I<ockwood, 
Rudolph  J.  Apanior, 
William  Wild, 
Armanda  de  la  Tour, 
John  Rowan, 
John  Brian, 
Tuby  West, 
Charles  French, 
Richard  Colton, 
John  Styles, 
Francisco  Rivers, 
A.  J.  Favioso, 
Frank  Thompson, 
Geo.  H.  Freeman, 
Joseph  Simpson,  [ 

S.P.Taylor,  ^ 

James  McLane, 
•  James  Brown, 
William  Murphy,, 
Jesus  Ruiz, 
Henry  Dougherty, 
David  Gramard, 
William  Smith, 


Solomon  Thorn,  T, 

Assinche  Garthia,  = 

George  Lendrum, 

Josus  Fontez, 

Charles  Cleveland, 

Wm.  Fleming, 

Catharine  Fredany,  ;, 

Frank  D,  Bray  en,  r 

Ventura  Gustilliano, 

Benjamin  Carter, 

J.  D.  Dunn, 

Domingo  Apolito, 

Cherokee  Bob, 

George  A.  Fisher,  [, 

Stephen  A,  Jack  way,        j 

A.  B.  Gillman^^,. ,,  ^.,,,,j. 
Ah  Sung,  j.f  I  hxmmS 
George  Williams,  'i[ 
Frank  Smith,  p 
Chas.  Osbourne,  i;, 
Jno  Davis,  [ 
Jno.  Nelson,  |, 
James  Mullen,  { 
James  Mulqueen,  -^ 
James  Clark, 

Jno.  Cotten,  -^ 

Charles  Wilier, 
Jose  Lafuento, 
An  to  Ramarez, 
Thomas  Lynch,  p 

Chas.  O.  Glen,  •{ 

Pentarke  Burgante,  { 

Moses  M.  Jackson,  }f 
Robert  Hakle,  r 

H.  Jackson,  J 

John  Gardner,  | 

Thomas  Rogers,  ' ') 

Naze  Monton, 
James  Williams, 
Yincent  Colvin, 

B.  R.  Stewart, 
Antonio  Joaquin, 
James  Curry, 
Theodore  Deins, 
Jesus  Penize, 
Rafael  Minavara, 
Adolph  Barron, 
JohfrGallagher,  f, 
John  Westman,               P 
R  M.  Backus,  ' 
M.  Lassaro,                    !. 
Santos  del  Gubiello, 
Jeno  Wilson, 

Duncan  McCrea, 


15 


Jose  (an  Indian,) 

Frank  Taylor, 

Nathaniel  Green, 

George  Williaras, 

William  Turner, 

Charles  Johnson, 

J.  A.  Skinner, 

Harvey  Maxim, 

Michael  McDonough, 

Ey  ie, 

Jorome  Arteeze, 

Otto  Scoble, 

Wm.  0.  Hare, 

Jose  Lopez, 

Lewis  Bowman, 

John  Wasser, 

Samuel  J.  Hall, 

Mary  Hall, 

Thomas  Fornaspin, 

James  Smith, 

Pablo  Arrobalo, 

Julian  Fay, 

Edward  Smith, 

Wm.  H.  Waters, 

Frank  Dixon, 

Song  Ah  Cong, 

Ah  Took, 

Henry  Whaler, 

Emile  Davin, 

Thomas  Hickey, 

Francisco,  (an  Indian,) 

Leuben  Coffman, 

William  Curran, 

Teodocio  Delgardo, 

Labrato  Gonzales, 

Patrice  Atoga, 

Charles  Hunnan, 

Rafael,  (an  Indian,) 

Isabel,  (an  Indian  woman,) 

J.  M.  Mansand, 

Huerico  Perez, 

Thomas  Godkin, 

John  Godkin, 

John  Roberts, 

Francisco  Dumas, 

Wm.  Edwards, 

Jack  Robinson,        - 

Jno.  Kenny, 

Thomas  Burns, 

William  White, 

James  Dennis, 

George  Brown, 

G.  W.  Apple, 

Manuel  Joseph, 


S.  D.  Thompson, 
Wm.  Ellis, 
James  Reed, 
Jno.  K.  Shirbcy, 
Francisco  Lulio, 
Albert  Woodburne, 
James  Toland, 
James  Malgum, 
Adam  Henderson, 
James  Patterson, 
James  Colter, 
Joshua  F.  Buler, 
Henry  Johns, 
Louis  Flous, 
Add  Reynolds, 
John  Riley, 
Michael  Murray, 
Elihu  Allen, 
Juan  Lago, 
Wra.  Jennings, 
Michael  Hines, 
George  Riley, 
Louis  Frank, 
Wang-you-for, 
Domingo, 
Henry  Garth  off, 
William  Mickle, 
William  A.  Hayes, 
Pablo  Massa, 
Marin  Cinero, 
Ed.  Coy, 

Whitman  Yalentine, 
Thomas  Mitchell, 
Cowal  (an  Indian,) 
Samuel  White, 
Peter  Nicholas, 
Thomas  Mancille, 
Charles  Moody, 
Jacintha  Huneaga, 
Sabastian  Batevias, 
John  Conner, 
Jessie  Rill, 
John  Smith, 
Jose  De  Flores, 
Sacramento  Yalenzuello, 
Henry  Dobbins, 
Henry  Hayes, 
J.  M.  Gonzales, 
Pasquel  Guego, 
J.  Kinsey, 
Leonard  Tuftz, 
Clark  Judson, 
Enriques  Cayetano, 
Wm.  Ward, 


/ 


^. 

J.  H  Hall,     i„ji  i-,,;,.! 

William  Brown,'  ^fjg^'ij 

Joseph  Thompson," 

Samuel  Held, 

Charles  Thompson, 

Florentine  Valdez, 

James  Brown, 

Emanuel  Baldiviersa,|^,^|| 

Robert  Fanning, 

Reuben  Bessy,              '* 

Arseval  Frause, 

William  Grant, 

Asa  W.  Combs, 

J.  A.  Valenzuelo, 

Daniel  Nunes, 

Robert  McClair, 

Valentine  Numas, 

John  Weeks, 

Jose  Conaho, 

William  Kelley, 

Antonio  Moriano, 

Dennis  Connelly, 

Pedro  Salvador, 

Domingo  Campo, 

Charles  Miller, 

Frederick  B.  Philips, 

Martin  Johnson, 

James  RafiTo, 

Sing  Tun, 

Ah  On,       ,  ,a[K5^(ii..V 

Richard  Wallace, 

Ah  lee. 

Jose  Maria, 

Jose  Sotero, 

Ernest  Kohla,  on;T  MiJi.V;> 

Daniel  Lehr, 

Louis  Sele,      t    tv  -      ,>r: 

James  Butler, 

W.  T.  Wheeler, 

William  Souther, 

Geronimo  Torres, 

Juan  Hernander, 

John  Barke, 

Martin  S.  Curry, 

Ah  Yon, 

Charles  McCarty, 

Fernando  Lopez, 

Jose  Guyella, 

Geo.  Clark, 

Francisco  Moreno, 

Balentine  Neira, 

Jose  Vicente, 

Jose  A.  Goday, 

John  Vanderhofif, 

Jose  V.  Awaya, 

Adalbert  Hoepke, 

Philip  Riley,"       ^^aieis 

John  A   Marshall, 

Thomas  Edwards,         > -■■ 

Joseph  Wilfred, 

Wm.  H.  Best, 

Coyetano  Moreno, 

Jno.  P.  Cryder. 

John  Sullivan, 

Richard  Acosta, 

Lorenzo  Ameza, 

Chu  Sam, 

Antonacio  Moreno, 

Ah  Tute, 

Henry  King, 

David  Dickey, 

James  Burns,                 • 

John  Russel,              .^.q 

John  Dolan,        -  75^    (, 

Lorenzo  Neiblas, 

William  Rogers,  •'      -- 

Ramon  Soto, 

Robert  Barnes, 

Benito,                        ,,q 

James  Allen,            -r-n 

George  R.  Morris, 

Jordan  Peterson, 

J.  A.  Covell, 

Jacob  Coleman, 

J.  M.  Virgin, 

Henry  Coleman, 

Jose  Santos  Romero, 

Michael  Flannegan, 

Jose  Mendez,  _|^  -.f-^qn^ 
Jno.  Thompson,  " 

James  Newman, 
James  Lee,          ...     ,  j 
John  Crocker,     i°^^^ 
AntJiio  Salgado, 

William  Love, 

Isaac  Adams, 

William  Scott,     .     ,  y . 
J.  R.  Davis,          '  -  r   J 

J.  Howell, 

Wm,  Jordan, 

James  Bruin, 

Jose  M  Bebeuce, 

William  Gregory, 

Allen  Boon, 

William  Fitzgerald, 

Frank  Ewing, 

S.  A.  Bowen, 
3 

George  Roberts, 

18 


Frank  Maynard, 
George  Nesbett, 
Joseph  Cleoipson, 
John  Smith, 
Francisco  Rbeno, 
William  Wilson, 
Adam  Michael, 
H.  Y.  Lebkischer, 
Micanore  Romero, 
Adolph  Newton, 
Wm.  J.  Carter, 
Anastasio  Heredes, 
Oscar  Parsons, 
Ed.  McLaughlin, 
William  Edwards, 
Simon  Lopez, 
Charles  Corning, 
Henry  Brandt, 
Henry  Lawrence, 
John  Walsh,""  ';';'' 
Charles  Smiih,' 
John  Turner, 
D.  G.  Hammond, 
Hyppolito  Agostb, 
Thomas  Hassan, 
Edward  Lines, 
Jesus  Morano, 
Jose  Garcia, 
Francisco  Alviso, 
Richard  Sanders, 
Charles  Yalenzuelo, 
John  Dorey, 
P.  Grady, 
Guiseppo  Tappo, 
Pedro  Espinoso, 
Ed.  Allender, 
J.  W.  Theall, 
Rafael  Selalla, 
Lewellyn  Harris, 
William  Lewis. 


Rafael  Ruiz, 
Jose  Buenavidas, 
James  Ross, 
Leonard  Saraudio, 
James  Phillips, 
Wm.  McCarthy, 
Geo.  W.  Mansfield, 
Thomas  Chieto, 
Loreta  Permentel, 
Louis  Romeres, 
Thos.  Hamilton, 
Julian  Carrero, 
Beneto  Olivera, 
James  Connelly, 
George  W.  Sweet, 
Ah  Yong, 
Elisco,  (an  Indian,) 
Catherine  A.  Kettle 
Daniel  S.  Potts, 
Martin  Griffin, 
Lorenzo  Mumses, 
Henry  Holman, 
Angel  Alamos, 
Thomas  Munday, 
Thomas  Doyle, 
James  H.  HefFeron, 
Jno.  Welsh, 
Charles  Sanford, 
James  Hubbard, 
David  Dunn, 
Guilliame  Davids, 
Mary  Baldwin, 
Henry  Baldwin, 
Wm.  Townsend, 
Henry  Henderson, 
Clues  Smith, 
Carlos  Estrude, 
Julian  Flierno, 
John  Welsh, 
Dennis  Horton, 


'// 


ud'J 


I'X 


List  of  Prisoners  found  at  Marin  Island. 


C.  W.  Yalentine, 
John  C.  Smith, 
Jose  Pedro,         j|     , 
James  McCready,   ,', '  ,^ 
James  Hume,      ,       ^,. 
Joshua  Thompson, 
John  Bobbins, 


Nicols  Marsferro, 
Richard  Williams, 
Robert  Davis, 
Francisco  Chamales, 
Wm.  Jefferson, 
J.  H.  Green. 


lOOU 


19 


oV, 


List  of  Prisoners  at  Ranches. 


.-..:rn    M,-.T 


James  Goodwin, 
J.  W.  Robins, 
Samuel  J.  Dooley, 
Samuel  Brown, 
Robert  Patten, 
Robert  Simpson, 
Wallace  Canada, 


Antonio  Smith, 

William  Graham, 

Henry  Johnson,         ^V' 

Ah  Munn  )    ^  «. 

R.  M.  Daval,    \  S"^""''' 
in  the  employ  of  Messrs.  Henry 
and  McKenzie,  of  San  Rafael. 


Names  cf  P7isoners  not  found. 


Francisco  Esparza, 
Marcisco  Galena. 
E.  J.  Welsh, 


Cecilio  Mesa,  ,>(. 

Yicente  Bermandez,  \-\ 
Patrick  Donnely.         A 


Names  of  Prisoners  died  since  January  \st,  1856. 


Augustus  Hall,        ) 
William  McKinley,  j 
Ignacio  Salcillo, 
Charles  Johnson, 


Drowned. 


Thomas  Marshall, 
James  Neall,  killed  at  an  insur- 
rection on  Marin  Island. 


Names  of  Prisoners  pardoned  since  January  Ist^  1856,  by  Gov.  Johnson. 


L.  E.  Cushman, 
Andrew  Austin, 
Charles  Brown, 
E.  H.  Mumby, 
J.  A.  Bryant, 
Henry  Lippman, 
Pat  H.  Dunne, 
James  Bryson, 
Thomas  Brown, 
Thomas  H.  Hart, 


John  Price,         Tmrttt  /• 

John  Gibney, 

W.  N.  Walker, 

Charles  Jones, 

Samuel  Snow, 

Josh.  Terrell, 

R.  F.  Taylor, 

George  Fields  ft/m5  Tread  way, 

Joseph  Phillips. 


;if 


Prisoners  discharged  since  January  1st,  1856. 


Pablo  Coutreras, 
Ah  You, 
William  Hull, 
Michael  Campbell, 
David  Armstrong, 
James  Graham, 


Chas.  Stevens, 
P.  Davidson, 
Irwin  Paine, 
E.  J.  Read, 
John  McCarty, 


20 


You  Chew, 
J.  H.  Harliss, 
John  M.  Steel, 
Lilaunarie, 
John  Gillmore, 
James  Kennedy, 
James  Duffee, 
Nestor  Reyes, 
C.  Yalencia, 
Thos.  A  ken, 
James  Latinj?, 
Francis  Williams, 
Isaac  Bryant, 
Frank  Taylor, 
W.  Kang, 
James  Rundock, 
Francis  Lopez, 
Aaron  Farrott, 
Wm  Runis, 
Wm.  Bennett, 
Wm.  Rell, 

Samuel  H.  Dearborn, 
Visalia  Pedelles, 
James  Cotter, 
John  Martin, 
Joaquin  Valencia, 
Michael  Roach, 


James  Ingraham, 
Louis  Martinez, 
John  Gontillon, 
Jose  M.  Casta, 
John  Price, 
William  Wilson, 
Ah  Hum, 
Charles  Lange, 
Jean  Jose  Lion, 
Lawrence  Smith, 
Francis  Noyaret, 
Aucal  Allen, 
Frank  Dixon, 
Riley  Maynard, 
Miles  Hussey, 
John  Thurston, 
Jean  R.  Sepulveda, 
John  Grant, 
Samuel  Butterfield, 
Santiago  Raviso, 
Anders  Ramirez, 
Wm.  0   Hara, 
Laoni  Ballarte, 
Fernando  Havios, 
Frank  Berry, 
F.  W.  Iluetz. 
Santiago  Olgin, 


Prisoners  Discharged  hy   Writs  of  Habeas  Corpus. 
John  Hood,  Padey  Martin,  and  George  W.  Gaffney. 


Numt)er  of  Prisoners  turned  over  to  James  M.  Estell  by  the  Board  of  Com- 
missioners on  the  29th  March,  1866,  was  four  hundred  and  twenty-one  (421  ) 
the  number  received  by  the  present  Lessee  from  that  date  to  the  29th  of  Janua- 
ry, 1857,  was  two  hundred  and  seventeen  (217.) 


Prisoners  Escaped  since  April  1st,  1856. 


D.  D.  Pierson, 
Robert  Patterson, 
Moses  S.  Worrell, 
R.  G.  Abernathy, 
Juan  Castillo, 
William  Silverthorne, 
Michael  Geigan, 


P.  L..  Escanavache, 
M.  G.  Holstein, 
Ah  Gue, 
John  Gordon, 
Ah  See, 

Lewis  Sprecker, 
Thomas  Moore, 


21 


Hiram  Welch, 
Juan  Flores, 
Juan  Gozzales, 
Jose  B.  Soinorano, 
Thomas  0.  Brian, 
William  Smith, 
Tah  Yon, 
Cyrus  W.  Denbler, 
C.  G.  Smith, 
Mark  Aching, 
William  Freeman, 
Theodore  Huddlestone, 
William  Miller, 
Frederick  Speigler, 
Benjamin  Doyle, 
Louis  Bonnard, 
William  Clark, 
George  Howard, 
Lewis  Mahoney, 


Ramon  Barmiel, 
Francisco  Abarra, 
Ramon  Meramontez, 
Ah  Ring, 
Edward  Manley, 
Charles  Mitchell, 
Charles  E.  Buckley, 
Charles  W.  Watson, 
King  W.  Folsom, 
Andrew  Fontes, 
Daniel  Miles, 
Cail  Gowan, 
Cecilio  Males, 
Frank  Ewing, 
Thomas  Brown, 
Ah  Seve, 
Jesus  Espinoso, 
Armstrong  Thurmau. 
Total 


61 


Prisoners  escaped  and  retaken  since  April  Ist,  1856. 


Y.  Gonzales, 
William  Scott, 
Loring  Paine, 
Charles  French, 
Conlardo  Burgante, 
Thomas  Lynch, 
Ah  Fate, 
Ah  Oou, 


James  Williams, 
John  Sullivan, 
Peter  Thompson, 
Nice  Romero, 
Frank  Smith, 
Jesus  Moreno, 
William  Courtner. 
Total 


12 


EXHIBIT  NO.  3. 


Deposition  of  E.  H.  Pomeroy,  takejt  before  the  Committee  of  the  Asse?nbly 
on  State  Prison,  January  29^/t,  1857. 

E.  H.  Pomeroy,  on  his  oath,  says  he  has  been  connected  with  the  State  Prison 
at  San  Quentin,  since  about  the  7th  of  February,  1856,  as  guard,  till  about  the 
month  of  June,  then  as  store-keeper  for  eighteen  days,  after  that  as  Lieutenant  of 
the  guard  till  about  the  month  of  October  ;  I  was  then  made  an  agent  for  Gen. 
Estell  outside  the  prison,  and  acted  in  that  capacity  till  about  the  2  th  of  Decem- 
ber, and  I  have  been  acting  as  Commissary  since  the  1st  day  of  January,  1857. 
When  I  first  came  to  the  prison  a  system  of  management  called  familiarly  the 
^^  trusty  system,''  by  which  certain  convicts  were  allowed  privileges  not  extended 
to  others  existed.  These  privileges  consist  in  allowing  those  prisoners  to  sleep  out- 
side the  prison  walls — to  go  to  different  parts  of  the  country  on  their  parole,  or 
rather  on  the  permission  of  the  officers  of  the    prison.     I  believe  General   Estell 


22 

usually  gives  the  orders  directing  that  certain  persons,  prisoners,  be  made  '  trusfys,' 
and  such  persons  are  then  used  to  go  on  errands,  to  work  on  ranches,  to  cook  for 
the  guard,  to  act  as  sailors,  or  in  any  capacity  demanded  by  the  wants  of  the 
prison.  I  have  examined  the  schedule  hereto  annexed,  containing  the  names  of , 
the  diiferent  convicts  now  considered  on  the  list  of  "  trustys,"  with  the  memoranda 
therein  noted,  and  believe  it  correct — I  recognize  them  all  as  "  trustys,"  except 
Esparz,  whom  I  do  not  recognize.  These  men  are  not  retained  in  custody  by 
duress  of  imprisonment,  but  remain  upon  their  word.  Since  I  have  acted  as  Com- 
missary I  have  attended  to  the  distribution  of  food  to  the  prisoners.  I  feed  about 
four  hundred  and  eighty  prisoners  each  day — their  usual  food  during  the  month  of 
January,  1857,  has  been  : 

Ham, IJ   lbs. 

Flour, 1|     " 

Beans,  about j     "  each  day  per  man. 

A  copy  of  the  issue  sheets  for  each  day  for  the  month  of  November  and  December, 
1856,  and  the  month  of  January  to  date,  1857,  is  hereby  annexed,  marked  "  B." 
I  issue  the  food  to  the  cooks  and  bakers,  and  see  that  the  entire  quantity  issued  is 
properly  prepared  and  distributed  to  the  prisoners.  In  addition  to  the  above  food, 
I  have  often  given  the  prisoners  cabbage  cooked  in  the  form  of  greens,  and  served 
up  with  vinegar,  shown  also  in  the  schedule  ;  occasionally  mackerel  is  served  up 
in  the  morning  instead  of  ham,  shown  also  in  the  schedule  for  the  month  of  Jan- 
uary, and  the  books  show  that  the  mackerel  was  issued  before  I  became  Commis- 
sary, but  I  cannot  tell  how  or  when  they  were  served.  The  general  food  for  the 
prisoners  during  the  summer  months  was  fresh  beef  of  good  quality,  late  in  the 
fall  corned  beef  was  substituted  for  fresh.  I  have  heard  no  complaint  as  to  quality 
of  the  beef,  but  I  have  heard  frequent  complaints  as  to  the  quantity.  I  know  from 
statistics  the  quantity  of  food  usually  distributed  in  other  prisons,  but  I  cannot  tell 
•what  amount  would  be  necess/iry,  unless  I  could  also  know  the  kind  of  food  dis- 
tributed. The  kind  of  food  distributed  here  is  entirely  different  from  that  distrib- 
uted at  the  prison  at  Auburn,  New  York,  with  which  I  am  most  acquainted. 
There  they  vary  the  kinds  and  qualities,  sometimes  feeding  the  coarser  and  then 
the  finer  ;  sometimes  giving  conserves  with  the  coarser  food  and  interspersing  the 
finer  with  the  coarser.  I  do  not  believe  that  any  steady  diet  of  the  coarser  food 
will  keep  prisoners  in  good  condition.  Here,  for  the  last  month,  there  has  been 
little  variation  in  the  kind  of  food,  and  the  quality  of  hams  has  been  inferior.  I 
have  shown  you  to-day  a  fair  sample  of  what  has  been  used  for  food  at  the  prison 
lor  the  last  month.  The  flour  is  not  of  the  finest,  but  is  generally  sweet  and  un- 
exceptionable The  beans  are  of  Chili  growth,  and  good  quality.  The  prisoners 
complain  of  a  want  of  blankets,  and  I  believe  that  the  want  of  such  night  cover- 
ing must  cause  much  discomfort,  and  believe  there  should  be  an  additional  supply 
not  only  of  blankets,  but  of  shoes,  as  some  of  the  prisoners  are  entirely  without 
shoes,  and  none  of  the  prisoners  are  supplied  with  socks.  The  prisoners  as  a  gen- 
eral thing,  have  had  no  tea  or  coffee  issued  to  them,  some  few  who  have  had  hard 
jobs  to  do  have  been  excepted,  and  none  but  the  sick  and  a  few  "  trustys  ''  had 
sugar. 

Questions  by  Gen.  Estell. 
•    I  believe  the  system   of  "  trustys ''  was  continued  under  Gen.  Estell  as  it  was 
under  the  State,  but  I  do  not  know  when  it  was  commenced. 


'iao 


E.  H.  POMEROY, 

Commissary  of  Prison. 


23 

Subscribed  and  sworn  before  me,  this  29th  day  of  January,  1;85,7.  .; 

'   J.  H.  MckUNE,       ^' 
Of  the  Qoittiiutted« 

Howard,  clerk  and  turnkey,  residing  at  prison.  -^^  .lioaaiiol.  iaodT 

Lockwood,  assistant  physician. 

Backus,  clerk,  office  outside.  ffi  oJ  BsiiiAai  icll  p.  m  j|fflogoio1[  ^>ifT 

Evans,  has  charge  of  stock  at  ranch. 

George  Adams,  at  machine  shop — sleeps  there. 

Raphail  Gallento,  watchman  at  ship  yard. 

Dooly,  cutting  timber. 

Reynolds,  on  schooner  Estell. 

R.  Thomson,  cook  at  guard-house.  .  ,, 

R.  Duval,  at  Mr.  McHenry's  at  San  Rafael.  "' '  ' 

Mullen,  on  board  sloop  Pike  County. 

George  Williams,  at  stable — sleeps  there. 

Gurbend,  at  San  Rafael. 

Hoepke,  assisting  physician,  resides  in  small  house  outside  prison. 

Esparza.  '  .bUi   \irii  ^iiouiind 

Patten,  at  ranch.  '■^-'^^  ^^-^     .»bnuoq  DTH    jUih  oir^f  rAci^r/A 

Gillman. 

VanderhofF,  sailmaker  at  sail-loft.  iiiUij  itV  ,YBb  iikj  oo8V-i 

Canida,  cutting  timber.  PJT        "         " 

W.  Graham,  Kentucky  ranch.  ■ 

J.  Conner,  assistant  turnkey  at  prison.  •  *■ 

Robins,  Island.  ^' 

Arsvral  France,  upholsterer,  at  small  house  outside  the  prison. 

Pablo  Massa,  assistant  cook  at  guard-house. 

McCready,  boatman  at  small  house  outside  prison. 

W.  Valentine,  cook  at  prison — sleeps  outside  the  wall. 

Ante  Joaquin,  Pike  County.  ./^(M«|ffi'f-    t.,> 

H.  Green,  Island. 

R.  Wallace,  Pike  County.  j,j.,, 

Simpson,  cutting  timber. 

S.  Brown,  stable — sleeps  there. 

H.  Johnson,  Kentucky  farm,  hauls  vegetables  to  prison* .>j.,y^|^  lyvoivl   i 

Cumming,  Pike  County.  o..^..^,..,..:,rs    ■ 

Ah  Mann,  at  Mr.  McKensey's,  San  Rafael.  [,,. 

Robert  Davis,  Island. 

J.  C.  Smith,  boatman — sleeps  at  small  h9use  outside  the  prison. 

McLaughKn,  Pike  County, 

Chamales,  Island. 

Hassan,  Pike  County. 

Marsfevio,  Island. 

Ante  Smith,  boatman — sleeps  outside  the  wall. 

Richard  Williams,  Island. 

Escalantes,  attending  on  sick  Indian  woman. 

M.  Jackson,  servant  to  Superintendent — outside  the  gate. 

Henry  Gorshoff,  blacksmith — sleep  inside  the  walls. 

Thos.  Godkins,  do  do  do. 

Clempson,  Pike  County. 

Ambalos,  assistant  cook  at  guard-house. 


24 

Josh  Thomson,  Island. 

J'.)se  Pedro,  cook  at  Island. 

C.  W.  Valentine,  Island. 

Goodwin,  Kentucky  farm. 

Frank  Smith,  cook  on  Pike  County. 

Thos.  Johnson,  assistant  cook  at  guard  house. 

The  foregoing  is  a  list  referred  to  in  the  deposition  of  E.  H.  Pomeroy. 


Exhibit  "  B,"  referred  to  in  the  Deposition  of  E.  A.  Pomeroy,  hereto  annexed. 

Amount  of  Issues  for  the  month  ending  November  \st. 

Beef,  22,362  lbs.;  Hams,   3,118    lbs.;    Pork,   lU  lbs.;    Bacon,    600  lbs; 
■Salmon,  247  lbs. 

Average  issue  daily  816  pounds.     Total,  21,161   pounds. 

Flour — Issue  per  day,  741  pounds Total,  22,986  pounds. 

Cofice  '•  "  18  560  " 

Sugar  "  "  18  558  '' 

Tea  "  '•  3  ..«,. 95  " 

Lard  "  "  2  60 

Potatoes  "  •'  196  6,016 

Beans  "  "  158  4,900  " 

November  1st,  1856,  number  of  convicts  in  prison,  486.     Number  of  free  men 
64 — employed  as  follows  : 

1  Superintendent,  4  Sailing  Masters, 

-^  1  Commissary,  5  Bricklayers, 

1  Physician,  4  Shoemakers, 

1  Drover,  (buying  cattle,)  3  Lessees  of  Prison, 

4  Overseers,  1  Captain  of  Guard, 

5  in  Ship  Yard,  34  Guards  on  duty. 

Total 64 

Beef  killed  during  the  month  of  October 32,327  pounds. 

Beef  used  for  prison         "  "       22,362  " 

Beef  sold  "  "      1,981  " 

Beef  salted  down  "  .i^:  i^^^^.; ggg5  u 

Loss  from  gross  weight,  ........   1,293  " 

32,321       " 

Amount  of  Issues  for  the  month  ending  December  \st. 

Beef,  16,546  lbs.;  Corned  Beef,  2,049  lbs.;  Ham,  2,893  lbs.  :  Pork,  112  lbs. 
Average  issue  daily  140  pounds.     Total,  22,200  pounds. 


25 

Flour — Average  issue  daily,  548  pounds .Total  16,452  pounds. 

Coffee  "  "  9  "  216 

Sugar  "  "  20  " 611 

Tea  "  "  21  "  13 

Butter  "  ♦'  8  "  243 

Potatoes  "  "  206  "  6,176 

Beans  "  "  142  "  4.250 

December  1st,  1856,  number  of  Convicts  in  Prison  469.     Number  of  free  men 
55 — employed  as  follows  : 

I  Superintendent,  4  Sailing  Masters, 

1  Commissary,  2  Brickburners, 

1  Physician,  4  Shoemakers. 

1  Drover,  (buying  cattle,)  3  Lessees  of  Prison, 

2  Overseers,  1   Captain  of  Guard, 

3  in  Ship  Yard,  32  Guards  on  duty. 

Total, 55 

Beef  killed  during  the  month  of  November 26,831  pounds. 

Beef  used  for  Prison,         "  "         16,546 

Beef  sold,  lin  '>  u  «         ]  . 

Beef  salted  down,  "  "         6,803 

Loss  from  gross  weight,  1,014  " 

26,837      " 

Amount  of  Issues  for  month  ending  July  \st,  1856. 

Beef,  8,103  lbs.;  Corned  Beef,  1,611  lbs.;  Smoked  Beef,  122  lbs.;  Ham,  1,100 
lbs.;  Pork,  295  lbs.;  Codfish,  200  lbs.;  Mackerel,  3,162  lbs. 
Average  issue  daily,  664  lbs.     Total,  20,593  lbs. 

Flour  —Average  issue  daily,  625    lbs Total  19,310  lbs. 

Coffee  "  "  9  282 

Sugar  "  "  10  306 

Tea  "  "  41  144 

Butter  "  "  6  183 

Potatoes  "  "  124  3,855 

Beans  "  "  222J  6,900 

January  1st,  1851,  number  of  convicts  in  prison  483.     Number  of  freemen  36 
— employed  as  follows: 

1  Superintendent,  1  Architect,  ; 

1  Captain  Guard,  1  Contractor, 

1  Commissary,  1  Sailing  Master, 

1  Physician,  3  Overseers  in  S-hip  Yard, 

1  Drover,  22  Guards, 

1  Overseer. 

Total. 36 

4 


26 

Beef  killed  in  month  of  December 21,213  ponnds. 

Beef  used  for  Prison,  fresh,  corned,  and  smoked  15,836 
Beef  sold  "         "  "  "  2,735 

Beef  remaining 1,794  ,/p 

Loss  from  gross  weight 848  21,213  ^r 

Amount  of  Issues  for  month  ending  February  \st^  185*7, 

Fresh  Beef,  1,408  lbs.;  Corned  Beef,  2,819  lbs.;  Smoked  Beef,  309  lbs.;  Hams, 
15,739  lbs.;  Pork,  1,959  lbs.;  Mackerel,  2,438  lbs.;  Veal,  160  lbs.;  Bacon  20  lbs. 

Average  issue  daily  801  pounds.     Total,  24,852  pounds. 

ioiaaM  SfiJli«8  ;{9fraPi  T 

Flour  —Average  issne  daily,  682     lbs Total  21,154  lbs. 

Coffee  "  ''        14  434 

Sugar  "  "        13 410 

Tea  "  "  4  136 

Butter  "  "  2  1-5    68 

Potatoes  "  "        33  1,040 

Beans  "  "      280  ,., ,    ,      8,T00 

February  1st,  1857,  number  of  convicts  in  prison  480.     Number  of  free  men  38 
— employed  as  follows  : 

1  Superintendent,  1  Contractor, 

1  Commissary,  1  Overseer, 

1  Physician,  3  In  Ship  Yard, 

1  Captain  Guard,  3  Sailing  Masters, 

1  Drover,  24  Guards, 

.     ., .    ,  ,,\  ,. .,,    ,.   At,  1  Architect. 

Total.. .;;;V.-^:'.?^..;tr^V.. 38 


EXHIBIT  NO.  4. 


George  W.  Wells  being  duly  sworn  before  the  Committee,  deposes  as  follows: 

Holds  position  of  Captain  of  Guard  for  thirteen  months  ;  has  been  employed 
in  prison  two  one-half  years.  During  the  control  of  the  Directors  of  the  State 
there  were  employed  on  an  average  from  35  to  40  overseers  and  guards.  His 
duties  as  Captain  of  Guard  is  to  see  to  the  safe  keeping  of  convicts^  to  divide 
and  prevent  connivance  for  escape,  and  keep  them  employed.  There  are  now 
employed  for  boating  stone,  bricks,  &c.,  the  following  : 

Sloop  Marin,  70  tons  freight,  Captain  and  Mate  and  three  or  four  convict  sailors 
— more  employed  baling  under  a  guard.  Sloop  Pike  County,  about  70  tons — same 
number.  Schooner  Mariposa,  condemned.  Three  masted  schooner  Estell, 
about  150  tons  ;   crew  free.  Captain  and  Mate,  and  six  convicts. 

The  vessels  have  been  employed  as  follows  : 

Estell,  in  carrying  brick  at  Mare  Island. 

Convicts  employed  on  vessels  are  short  timed  men — two,  three  and  four 
months  to  serve,  and  are  locked  under  hatches. 

It  is  the  duty  of  the  Captain  of  Guard  to  see  them  all  locked  at  night  and 
morning,  and  should  any  escape  during  the  day  he  is  immediately  notified. 
Favors  are  shown  to  some  that  are  not  to  others — depends  on  the  conduct  of 


27 

convicts.  I  have  made  on  my  responsibility  trusties.  The  Superintendent  and 
Gen.  Estell  have  also.  Have  a  list  of  trusties  at  my  office  ;  permit  them  occa- 
sionally to  leave  ;  in  one  case,  contrary  to  Estell's  orders,  on  my  own  responsi- 
bility, but  in  company  with  two  or  three  employees. 

James  O'Niel  was  killled  in  May  or  June,  1856,  at  an  insurrection  on  Marin 
Island,  by  one  of  the  guards  named  Tucker.  Some  twelve  or  fifteen  were  in- 
terested in  the  insurrection  ;  were  working  in  the  lower  stone  quarry.  O'Niel 
knocked  one  of  the  guard  down  and  took  his  arms,  then  shot  J.  W,  Hardy,  one 
of  the  guards,  through  the  window,  where  they  were  dining  ;  fired  some  four  or 
five  shots,  only  one  effective,  wounding  Hardy. 

Gen.  Estell  has  three  ranches  worked  by  convict  labor  ;  furthest  two  and  one 
quarter  miles  ;  the  others  about  one  mile  each  ;  should  suppose  about  eighty 
acres  in  all  ;  generally  work  from  ten  to  fifteen  trusties  on  the  ranches — reliable 
men  in  short  service,  under  the  superintendence  of  free  men,  without  guards  ; 
they  sleep  at  the  ranches  ;  seldom  or  ever  come  to  the  Prison,  except  to  bring 
vegetables  and  provisions  ;  names — Graham,  Johnson,  (Texas  Jack)  Dooley, 
Gilman,  Patten. 

One  Ah  Mun,  convict,  is  at  San  Rafael  as  servant  for  McKenzie.  Duval, 
convict,  is  now  employed  as  laborer  or  family  servant,  with  Mr.  Henry,  at  San 
Rafael.  ISio  compensation  to  Lessee,  to  my  knowledge.  Francisco  Esparza,  a 
convict,  I  cannot  recollect  where  he  is  by  that  name. 

ESCAPES.  ''d 

David  Pearson  was  building  Dr.  Harris'  house  at  San  Rafael  and  escaped  ; 
was  entrusted  without  guard  over  night.  Men  were  sent  in  search  on  the  differ- 
ent routes,  notifying  inhabitants  for  fifteen  miles,  and  at  Saucelito  Theodore 
Huddlestone,  alias  Indiana,  escaped  from  the  Kentucky  Farm  during  dinner 
time  in  the  brush  ;  were  three  guards  there  at  the  time  ;  the  table  was  near  the 
brush  ;  guards  were  John  Gery  (here;)  Williamson,  (died  on  Pike  County,  and 
Young,  now  in  Oregon.  Thomas  Moore  and  C,  W.  Watson,  must  have  stowed 
away  about  the  brick  yard,  and  escaped  from  there  during  the  morning;  did  not 
know  it  until  roll  call  at  night.  They  had  been  employed  the  day  previous  on 
Kentucky  Farm,  with  Huddlestone,  and  were  said  to  be  unable  to  work  the 
next  day.  Supposing  they  had  stowed  away  I  kept  the  guard  out  two  nights. 
(No  memorandum  is  made  on  the  Prison  books  of  the  manner  of  their  escape.) 
It  is  generally  understood  through  the  country  that  a  reward  of  $50  to  $100  is 
paid  by  the  Lessee  for  recapture  of  convicts.  jj 

Ah  Gue  escaped  from  schooner  Mariposa,  at  San  Francisco.  George  Lee 
was  Captain  ;  cannot  recollect  any  report  from  him  of  the  details,  and  no 
further  memorandum  on  books. 

William  Freeman  escaped  from  Kentucky  Farm  while  hay  making.  Henry 
King,  alias  Dick  Turpin,  also  escaped  same  time  and  was  retaken.  No  guard 
there  at  the  time.  Freeman  was  seen  at  the  Prison  the  night  previous,  but  was 
expected  to  go  out  to  the  farm  again.  Freeman  had  been  on  the  ranch  not  to 
exceed  ten  days  without  guard  ;  was  within  about  one  month  of  expiration  of 
time  commitment.  P.  L.  Escaravache  escaped  from  sloop  Pike  County,  at  Napa. 
Captain  Morgan  reports  the  vessel  lying  near  wharf.  A  disturbance  at  a  public 
house  on  the  wharf  drew  the  attention  of  those  on  board,  and  prisoner  availed 
himself  of  the  opportunity  to  secrete  or  escape.  There  was  a  guard  on  board. 
All  efforts  to  find  him  were  fruitless.  Edward  Manley,  escaped  from  San  Rafael, 
was  a  carpenter  or  bricklayer,  and  worked  on  Dr.  Harris'  house,  escaped  from 
the  guard  about  4  P.  M.,  was  not  a  trusty,  and  was  locked  up  in  prison  nightly. 
Search  was  made  as  usual,  without  effect. 


28 

C.  G.  Srailh,  escaped  from  Kentucky  Farm,  think  he  was  a  trusty,  was 
pressing  or  baling  hay.  There  were  others  on  the  ranch  at  the  time.  He  escaped 
during  the  night.  I  was  made  aware  of  it  the  following  morning.  Robert  Pat- 
terson escaped  the  same  day  ;  went  together.  He  was  employed  by  Captain 
Yan  Ranegan,  at  Corte  M'ideira  ;  was  a  trusty,  had  three  or  four  months  to 
stay  ;  had  been  in  the  employ  of  Ranegan  for  two  or  three  weeks  without  com- 
pensation to  Lessee  or  convict. 

William  Miller  escaped  singularly  ;  I  was  absent  at  the  time  ;  he  was  seen 
just  previous  to  bell  ringing  for  evening,  and  must  have  secreted  himself.  He 
was  a  notorious  scoundrel,  and  I  endeavored  to  carefully  guard  him  ;  was  seen 
inside  of  guard  line,  near  the  stable  ;  had  been  employed  working  on  one  of  the 
boats  in  the  ship  yard  :  kept  guard  for  two  or  three  consecutive  nights,  but  did 
not  succeed  in  capturing  him. 

Frank  Ewing,  escaped  by  concealment  in  the  yard  in  the  same  manner  as 
Miller.  An  arch  was  found  in  a  large  brick  kiln  some  time  after  the  escape,  in 
which  it  is  supposed  they  secreted  themselves.  They  made  the  arch  for  this  purpose 
when  building  the  kiln.     Ewing  was  locked  up  nightly  in  Prison. 

Frederick  Speigler,  escaped  from  the  Mariposa,  Captain  Norton,  was  at  San 
Francisco  unloading  brick  ;  don't  recollect  whether  he  was  a  trusty  ;  think  there 
was  a  guard  on  board  ;  don't  recollect  the  details,  and  no  further  memorandum 
on  books. 

0.  Thurman  escaped  from  John  Gray,  guard,  while  cutting  timber  for  ship 
building,  across  the  Bay,  on  the  Reed  Ranch.  Three  or  four  men  were  in  search 
of  him  for  two  days,  unsuccessfully. 

Some  five  or  six  convicts  were  taken  daily  from  the  Prison  and  returned  each 
evening,  and  were  locked  up  under  charge  of  Gray. 

W.  Silverthorn  and  D.  1).  Pierson,  escaped  at  San  Rafael  when  employed  as 
masons  on  Dr.  Harris'  house;  were  trusties,  and  not  in  charge  of  a  guard  ;  they 
were  allowed  to  stop  over  night  at  San  Rafael,  and  was  informed  that  they  had 
been  drinking  and  carousing.  Unless  liquor  had  been  furnished  them  they  would 
not  have  left. 

Daniel  Mills,  escaped  from  John  Gray,  in  the  same  place  and  manner  as 
Thurman  ;  he  was  cutting  timber  at  the  Reed  Ranch  ;  he  was  locked  up  within 
the  walls  nightly. 

Francisco  Abano,  Jose  Somerano,  Ramon  Miramontez,  Juan  Gonzalis  and 
Juan  Flores  escaped  by  overpowering  and  disarming  the  guard  on  a  scow  going 
for  red  wood  to  burn  kiln.  Fred.  W.  Russell  was  the  only  guard  on  the  scow ; 
the  scow  was  near  the  mouth  of  a  creek  ;  they  landed  and  escaped.  Baldwin, 
one  of  the  guards,  had  previously  landed.    They  were  lock-up  prisoners. 

Thomas  Bowen  escaped  from  sloop  Pike  County  at  San  Francisco,  Captain 
Johnson,  loading  sand  for  Prison. 

Ah  See  and  Ah  Save  escaped  same  time  and  place.  Captain  Johnson  agreed 
to  guard  prisoners  while  the  guard  went  on  some  business  ;  he  neglected  to  pay 
proper  attention,  and  they  escaped.  Neither  of  the  three  prisoners  were  trus- 
ties.    This  was  their  second  or  third  trip. 

Thomas  O'Brien  and  Michael  Geiger  escaped  from  the  schooner  Mariposa  at 
San  Francisco,  unloading  brick  ;  do  not  recollect  the  circumstances,  and  no 
further  report  on  books. 

George  Howard  escaped  from  the  guard-house  ;  was  a  waiter  in  the  dining- 
room  ;  was  a  trusty,  and  allowed  to  sleep  out  ;  ran  off  during  the  night. 

Cecilia  Males  escaped  by  secreting  himself  in  the  brick-yard  ;  was  employed 
in  loading  boats  ;  was  locked  up  nightly  inside  the  walls. 

William  Smith  escaped  while  cutting  timber  on  the  Reed  ranch  for  building 
purposes  of  Prison  ;  was  under  guard  at  the  time  ;  was  locked  up  nightly. 


29 

Andrew  Fentze  escaped  ;  think  he  stowed  away  in  an  unburnt  kiln  on  the 
Point  ;  kept  guard  for  two  nights  on  the  kiln. 

John  Gordon  (colored,)  escaped  from  schooner  Estell  ;  was  a  trusty  on 
board  as  cook  ;  escaped  at  San  Francisco  ;  term  of  service  had  nearly  expired. 

Juan  Castillo  escaped  from  scow  ;  were  loading  wood  up  Corte  Madera 
creek  ;  there  were  eight  men  in  the  gang,  under  charge  of  two  guards  ;  Cas- 
tillo and  the  others  had  been  employed  for  several  days  at  that  business  ;  were 
returned  and  locked  up  nightly. 

Mark  Achong  and  Te  Yon  escaped  from  sloop  Pike  County,  at  San  Fran- 
cisco ;  H.  Bristol  was  on  guard  ;  a  large  number  of  Chinamen  were  employed 
in  that  vicinity,  at  Humboldt  wharf,  cutting  up  vessels,  and  he  could  not  desig- 
nate them  after  they  got  mixed  with  the  others. 

M.  S.  Worrell,  Hiram  Welsh,  King  W.  Folsora  and  M.  G.  Holstein  escaped 
from  camp  across  the  Bay,  just  back  of  Corte  Madera,  while  cutting  timber  for 
G.  W.  Wood,  (lessee  of  the  saddlers  ;)  they  were  all  short  time  men,  under 
Wood's  control,  and  escaped  during  the  night  ;  were  all  trusties,  and  had  no 
guard  ;  they  were  camping  over  there  for  five  or  six  days. 

Louis  Bromard  and  Jesus  Espinosa  escaped  by  concealment  somewhere  within 
the  limits  of  the  Prison  guard  ;  were  locked  up  regularly  nightly  ;  never  could 
ascertain  definitely  how  they  escaped. 

Charles  Mitchell  escaped  from  guards  Watson  and  Safferty,  about  one  and  a 
half  miles  from  Prison  ;  Mitchell  and  another  prisoner  were  engaged  in  building 
a  chimney  for  Watson  ;  both  attempted  to  escape  ;  Mitchell  was  successful, 
while  the  other  was  wounded  and  returned. 

Ramon  Ramiel  and  Cyrus  Dibbler  escaped  at  meal-time  at  the  wood-pile  on 
Corte  Madera  creek  ;  were  employed  in  scowing  wood  ;  managed  to  get  around 
the  wood-pile  and  escape  in  the  bushes  ;  Rockwell  and  Tisdale  were  the  guards  ; 
the  prisoners  were  regularly  locked  up  at  night. 

PUNISHMENT. 

I  have  the  inflicting  of  all  punishment  ;  I  use  a  raw-hide  or  leather  strap  ; 
any  violation  of  Prison  discipline,  such  as  attempts  to  escape,  insurrections, 
stealing,  using  offensive  language,  fighting,  unnecessary  noise,  disorderly  or 
vicious  conduct,  render  thera  liable  ;  do  not  recollect  ever  giving  over  one  hun- 
dred lashes  at  one  time  ;  ranging  from  five  up,  No  other  person  employed  in 
Prison  is  permitted  to  inflict  any  punishment,  except  during  my  absence,  when 
I  deputize  some  one  ;  but  the  business  is  generally  laid  over  until  my  return.- 

CLOTHING.  * 

For  the  past  eight  or  nine  months  I  have  issued  all  the  clothing  to  prisoners  ; 
they  are  as  well  clothed  at  present  as  at  any  time  since  I  have  been  here  ;  I 
think  the  prisoners  sufficiently  clad  at  present  for  comfort,  with  the  exception  of 
shoes.  At  the  time  Estell  took  the  Prison  there  was  a  quantity  of  shirts  and 
pants,  since  which  he  has  purchased  and  had  manufactured  here  such  as  are  at 
present  worn  ;  I  think  each  prisoner  has  a  weekly  change  of  clothing,  but  am 
not  positive  as  to  the  past  four  weeks.  Mr.  Gordon  has  had  control  of  that 
department  ;  considers  it  almost  indispensable  to  have  a  uniform  style  of 
clothing,  such  as  is  worn  by  convicts  in  most  all  the  Eastern  States.  There  is 
no  established  rule  making  it  compulsory  for  prisoners  to  wash  or  change 
clothing  weekly  ;  consequently  some  are  quite  filthy. 

Complaints  have  been  made  of  the  scarcity  of  blankets  ;  the  condition  of 
such  as  they  have  is  tolerably  good.     There  is  a  sufficient  number  of  mattrasses 


30 

at  present  ;  when  a  deficiency  arises,  we  manufacture  them  from  the  material 
on  hand.  Men  are  deputed  to  cleanse  the  prison  and  cells  daily,  and  purify  as 
often  as  may  be  deemed  necessary.  The  ven illation  of  the  lower  room  is 
ample  ;  of  the  upper,  fully  sufi&cient  to  preserve  the  health  of  occupants,  either 
in  winter  or  summer.     Occasionally  they  have  tea  or  coffee,  but  it  is  not  usual. 

Subscribed  and  sworn  to  before  me,  this  29th  day  of  Jannary,  185t. 
,       .  GEO.  H.  ROGERS,  Chairman. 


EXHIBIT  NO.  5. 

C.  E.  Meredith  :  Was  Commissary  or  store-keeper  from  January  1st,  1856, 
and  remained  three  days  in  the  employment  of  the  present  Lessee,  Estell.  On 
the  1st  of  January,  1856,  we  found  the  prisoners  without  clothing  or  bedding,  and 
extremely  filthy.  We  immediately  procured  the  articles  needed  and  burnt  such  as 
were  then  used  by  prisoners.  The  articles  furnished  at  the  time  by  the  Directors 
were  good,  substantial  and  comfortable  woolen  clothing  and  bedding,  also  boots 
and  shoes,  two  suits  being  furnished  each  prisoner.  After  the  issue  of  two  suits 
each,  such  as  were  employed  in  service  requiring  more  we  furnished  from  the  same 
invoice.  On  the  last  month,  say  March,  another  invoice  of  clothing  was  received 
from  Gift,  a  small  portion  only  of  which  was  given  to  the  prisoners  by  the  Direct- 
ors, and  balance  consisting  of  300  or  400  pair  of  pants,  100  pair  of  blankets,  etc., 
which,  together  with  the  balance  of  previous  or  first  lot  were  delivered  to  the  pres- 
ent Lessee.  W.  L.  Smith,  then  Warden,  took  an  inventory  of  all  property  deliv- 
ered to  present  Lessee.  During  my  stay  at  the  prison  under  the  Directors  the 
provisions  and  clothing  furnished  were  ample  and  of  good  quality  generally,  with 
few  exceptions,  and  very  few  complaints  were  made  by  guards  or  others  using  same. 
About  the  1st  of  August  I  was  again  employed  by  Gen.  Estell,  as  guard  on  post, 
which  position  I  occupied  for  two  months,  and  then  resigned.  I  was  informed  by  Es- 
tell, on  the  sloop  Ida,  on  my  passage  from  Marin  to  San  Francisco  if  I  would  return  I 
could  have  the  position  he  intended  for  me,  which  was  the  Superintendent  of  the 
yard.  I  returned  and  held  this  position  for  one  month.  A  difiiculty  occurred  be- 
tween me  and  an  overseer  about  the  employment  of  two  convicts,  Mr.  Hull  about 
that  time,  which  was  reported  to  Estell.  The  consequences  were  that  I  handed  in 
my  resignation  to  the  clerk  during  the  absence  of  Estell — on  his  arrival,  at  my 
request,  he  accepted  the  same,  and  I  left  :  when  I  returned  about  August  1st,  the 
prisoners  were  then  wearing  the  same  clothing  purchased  by  the  State,  after  which 
Estell  bought  some  blue  and  white  cotton  goods  which  were  manufactured  by  the 
prisoners  into  shirts  and  pants.  He  also  purchased  a  small  quantity  of  very  in- 
ferior shoes,  which  is  the  total  of  all  clothing  purchased  during  the  time  I  was  there. 
The  prisoners  generally  during  the  latter  part  of  my  term  were  very  poorly  clothed, 
in  some  cases  with  scarcely  sufficient  to  hide  their  nakedness  ;  some  few  were  fur- 
nished by  their  friends  with  the  necessary  clothing. 

Messrs.  Graham  and  Pomeroy  through  the  clerk,  Mr.  Backus,  were  the  parties 
who  ordered  the  provisions,  the  quantity  of  which  was  very  limited,  being  not  suf- 
ficient for  men  confined,  without  employment,  and  nearly  all  were  actively  em- 
ployed, producing  murmuring  and  discontent  among  both  employees  and  prisoners, 
several  of  which  employees  left  stating  that  to  be  the  cause.  Neither  sugar  or 
coffee  was  given  to  prisoners  during  my  stay,  nor  for  a  portion  of  the  time  to  the 
employees.  One  Spanish  beef,  averaging  350  pounds  was  killed  daily,  the  best 
portion  of  which  was  sent  to  San  Francisco,  to  Graham  and  Estell,  and  sold  or 
gave  away  to  other  parties  at  San  Rafasl  and  the  vicinity  of  the  prison.     The  pris- 


oners  would  come  to  me  frequently  after  finishing  their  tasks  at  the  brick  yards, 
and  beg  to  be  allowed  to  go  into  the  corral  and  get  the  oiFal,  which  being  permitted, 
they  would  devour  the  same,  and  in  some  cases  without  being  cooked  ;  from  seeing 
the  quantity  set  at  the  table  and  the  voracity  with  which  they  devoured  the  offal, 
I  am  able  to  state  they  were  not  half  fed.  At  one  time  there  were  a  large  quan- 
tity of  damaged  hams  arrived  from  San  Francisco,  which  were  so  poor  and  injuri- 
ous to  the  health  that  Dr  Lockwood,  a  prison  doctor,  (convict  deputy)  stated  to 
me  that  they  were  poisonous,  and  unless  Estell  gave  the  prisoners  fresh  meat  or  a 
change,  he  would  kill  all  the  prisoners  ;  that  at  that  time  there  were  forty  on  the 
sick  list,  and  two  deaths  ;  a  large  portion  of  the  same  was  eaten  by  the  prisoners 
and  the  balance  was  thrown  to  the  hogs,  and  not  being  eaten  by  them,  were  col- 
lected and  burned. 

The  treatment  of  a  female  convict  in  extremely  delicate  health  by  the  Superin- 
tendent, Mr.  Graham,  has  already  been  published,  and  which  for  cruelty  is  unpar- 
allelled. 

Estell  employed  about  20  or  9.5  guards,  whilst  the  Directors  had  from  35  to  40. 
More  of  the  convicts  were  employed  at  various  occupations  outside  and  away  from 
the  Prison  during  the  reign  of  Estell  than  when  under  the  Directors,  consequently 
the  necessity  of  more  guards  to  prevent  escapes,  which  were  almost  daily.  Paddy 
Martin,  sentenced  from  San  Francisco,  for  rape,  for  seven  years,  lived  on  the  out- 
side of  the  Prison  grounds,  and  never  had  a  key  turned  on  him  whilst  I  was  there, 
to  my  knowledge.  His  wife  occasionally  called  to  see  him,  and  stayed  two  or  three 
days.  During  the  last  two  months  I  was  there  he  lived  in  San  Francisco,  having 
left  in  company  with  Estell,  on  same  boat.  Whilst  I  was  in  San  Francisco  (two 
months  afterwards)  he  either  gave  himself  up  or  was  confined  in  that  County  Jail. 

Rodman  Backus,  and  some  20  others,  termed  "  trusties,"  lived  outside  of  the 
Prison  walls  entirely,  and  were  never  under  lock  and  key  during  my  employ.  A 
large  number  of  the  escaped  are  persons  termed  "  trusties"  so  appointed  by  Estell 
and  head  Agent.  One  man,  sent  from  El  Dorado^  for  mule  stealing,  (can't  recol- 
lect name,)  was  never  locked  up,  and  next  day  after  arrival  was  sent  in  a  gang 
across  the  Bay  to  cut  timber,  by  orders  of  Estell,  and  escaped.  The  gang  were 
composed  of  six  or  eight  "  trusties,"  and  had  no  guard  with  them.  One  of  the 
convicts  returned  next  morning  and  gave  the  information  of  his  escape.  The 
prisoners  were  employed  during  the  winter  months,  while  under  the  Directory,  in 
grading  the  yard  inside  of  walls  and  digging  out  clay  for  brick  making,  and  when 
Estell  took  possession  everything  was  in  readiness  (tools  included)  and  in  complete 
order  for  a  remunerative  spring  business.  When  I  left,  about  the  1st  November, 
there  had  been  very  few  additions  to  the  necessary  implements. 

I  went  there  about  the  first  of  December,  1856,  in  charge  of  three  prisoners,  two 
from  Trinity  and  one  from  El  Dorado.  I  found  the  same  State's  clothing,  or  what 
there  were  left  of  same,  on  the  prisoners,  some  without  either  boots  or  shoes.  I 
arrived  after  dark,  and  could  find  no  free  men  there  to  receipt  for  prisoners.  A 
man  by  name  of  Howard,  convict  from  San  Francisco,  signed  the  name  of  Estell, 
and  Wells,  Captain  of  Guard,  on  the  receipt.  The  next  morning  I  made  inquiry 
who  were  the  oflficers,  and  ascertained  that  Howard  was  Assistant  Captain  of 
Guard,  McLean  was  acting  as  Superintendent,  and  Gallagher  as  Commissary, 
Backus  a  clerk,  all  of  whom  were  convicts,  and,  except  Howard,  slept  outside  the 
walls. 

C.   E.  MEREDITH. 

Being  duly  sworn  before  the  Committees,  states  that  evidences  herein  contained 
is  the  truth  and  nothing  but  the  truth. 

February  9th,  1867. 


3^ 

,.'.,.^  >r,,:..'  ,/M.  ..r.,j  .-oJt    EXHIBIT  NO.  6. 

William  Pursley,  of  Marysville,  being  duly  sworn  before  the  Committee,  deposes: 

Was  employed  by  General  Estell  for  about  two  months  as  Superintendent  of 
brick  making,  commencing  on  April  27,  1856,  was  also  living  in  the  vicinity  for 
abont  two  months,  and  was  at  the  Prison  nearly  every  day  during  the  four  months. 

When  I  first  went  to  the  Prison,  the  prisoners  were  well  supplied  with  clothing, 
blankets,  &c.  Prior  to  my  leaving  the  men  became  destitute,  in  some  cases  being 
compelled  to  use  and  make  up  clothing  from  old  flour  sacks,  &c.  To  my  knowledge 
there  was  no  clothing  brought  there,  or  any  furnished  during  my  stay.  The  reason 
my  attention  was  drawn  more  particularly  to  these  facts,  was  owing  to  my  applica- 
tion to  the  Store  Keeper,  Mr.  Henry,  for  flour  sacks  for  use,  and  who  informed  me 
that  they  had  been  all  used  as  above  stated,  and  that  several  of  the  best  working 
men  were  confined  solely  for  the  reason  that  they  had  neither  clothing  or  material 
to  manufacture  them.  For  about  three  weeks  prior  to  the  time  I  left,  the  prisoners 
were  fed  on  bad  bacon  only,  which  is  said  to  have  caused  sickness,  and  in  one  case 
death.     The  bacon  was  actually  offensive 

I  know  of  several  escapes  during  my  term,  some  of  whom  were  recaptured.  I 
have  frequently  seen  prisoners  termed  "  trusties"  in  San  Francisco,  walking  the 
streets  without  guard.  McLean,  sent  from  Sacramento  City,  for  grand  larceny, 
for,  I  think,  ten  years,  was  employed  as  an  Overseer  of  a  gang  of  convicts  outside 
the  walls,  and  I  was  informed  by  one  of  the  guard,  that  at  the  time  of  being  shot  by 
Gallagher,  a  convict,  he  was  allowed  to  sleep  outside  the  walls.  Paddy  Martin, 
from  San  Francisco,  was  never  confined,  and  occupied  a  small  brick  building,  fur- 
nished him  by  Estell;  and  the  general  report  in  Marin  was  that  he  paid  Estell  $3 
per  day  for  his  time.  His  family  were  allowed  to  visit  him  at  any  and  all  times. 
I  am  of  the  opinion  that  there  were  manufactured  during  the  past  season  by  con- 
vict labor  about  7,000,000  bricks,  which,  at  $7  per  thousand,  would  pay  for  keep- 
ing and  clothing  convicts,  and  all  other  expenses  of  the  prison,  during  the  brick 
making  season — of  about  six  months. 

WILLIAxM  PUESLEY, 
Subscribed  and  sworn  to  before  me, 

GEO.  H.  ROGERS,  Chairman. 

Sacramento  City,  Febuary  lltb,  1857. 


EXHIBIT  No.  1. 

Wm  H.  Woodcock,  of  Marysville,  being  duly  sworn  before  the  Committee, 
deposes  : 

About  the  middle  of  last  July,  I  arrested,  in  my  capacity  as  Police  officer,  at 
Marysville,  a  man  convicted  of  grand  larceny  at  Coloma,  by  the  name  of  Ed- 
ward Phelps  alias  Dick  Turpin,  who  I  knew  had  escaped  from  Marin  State 
Prison.  I  confined  him  in  the  station-house  for  about  a  week  or  ten  days,  and 
could  have  arrested  him  before  had  I  thought  it  necessary.  On  the  day  of  his 
arrest  I  wrote  to  Gen.  Estell,  directing  the  letter  to  "  Gen.  J.  M.  Estell,  Lessee 
of  State  Prison,  State  of  California,"  stating  the  fact  of  his  arrest,  description, 
&o.  Not  receiving  any  answer  to  same,  I  wrote  to  some  of  my  acquaintances 
at  San  Francisco,  who  informed  me  that  I  would  not  be  paid  the  expense  of 


33 

keeping  and  returning  said  prisoner,  and  I  released  him.  Since  that  time  I 
have  seen  several  other  escaped  convicts,  but  I  could  not  pay  the  expense  of 
returning  them  from  my  own  resources. 

WM.  H.  WOODCOCK. 

Subscribed  and  sworn  before  me,  at  Sacramento,  Feb.  18th,  1851. 

GEO.  H.  ROGERS,  Chairman. 


EXHIBIT  No.  8. 


Office  of  the  Attorney  General,  \ 


February  7th,  1857 

Hon.  G.  H.  Rogers,  Chairman  State  Prison  Committee  : 

Sir  : — I  have  received  your  note  of  yesterday  in  relation  to  my  understand' 
ing  of  the  effect  of  the  decision  of  the  Supreme  Court  (in  the  case  of  The 
People  ex  rel.  v.  Johnson  Noles,)  upon  the  State  Prison  contract  entered  into 
under  the  law  of  1856. 

In  answer  to  your  inquiries,  I  desire  to  state  that  in  my  opinion  it  necessarily 
results  from  the  decision  in  that  case,  that  the  law  of  1856,  appropriating,  as  it 
does,  large  sums  of  money  to  the  Lessee  of  the  State  Pri>on,  is  unconstitu- 
tional and  void  ;  that  the  contract  entered  into  under  that  law  is  also  void,  and 
that  under  said  contract  the  Lessee  has  no  vested  rights  whatever.  If  the  law 
itself  is  a  nullity,  the  contract  entered  into  under  that  law  is  also  a  nullity  and 
is  void  ;  and  a  void  contract  cannot  vest  any  rights  in  either  of  the  parties  to  it. 

Respectfully  yours, 

W.  T.  WALLACE, 

Attorney  General. 


EXHIBIT  No.  9. 

Senate  Chamber,  Feb.  13th,  1857. 

Hon.  Richard   M.   Jess'jp,  of  the   Special   Committee  of  the   Assembly  on 
State  Prison  : 

Dear  Sir  : — Your  communication  of  the  10th,  on  behalf  of  the  above-named 
Committee,  requesting  answers  to  the  several   interrogatories  therein  contained 
relative  to  the  Act  of  xMarch,  1856,  creating  a  Board  of  State  Prison   Com- 
missioners and  defining  their  duties,  has  been  duly  received,  and  I  beg  leave  to 
ans»7er  your  several  interrogatories  as  follows  : 

Interrogator?/  1st. — In  regard  to  the  first  inquiry,  the  Board  of  Commis- 
sioners adopted  in  June  last  the  old  rules  and  regulations  of  the  Directors,  then 
in  force  at  the   State  Prison  and  conspicuously  posted,  which  have  not  been 
altered  or  amended  since  ;  a  copy  of  which  I  am  unable  to  furnish. 
5 


'  Interrogatory  2d. — In  regard  to  your  second  inquiry,  I  beg  leave  to  say  that 
I  have  no  personal  knowledge  as  to  the  daily  attention  given  by  the  Directors 
to  the  enforcement  of  said  rules  and  regulations,  and  have  never  been  officially 
informed  of  any  delinquency  on  their  part,  or  delinquency  on  the  part  of  the 
Lessee.  I  received  but  one  letter  from  any  of  the  Directors,  which  was  from 
Mr.  Alex.  Bell  ;  the  contents  of  which  are  not  distinctly  remembered,  but  I 
think  referred  solely  to  the  subject  of  rules  and  regulations. 

Interrogatory  3<^. — Section  5th  of  said  Act  requires  the  Board  of  Commis- 
sioners to  visit  the  Prison  from  time  to  time,  &c.,  fixing  no  definite  period, 
thereby  rendering  several  efforts  made  by  myself  to  visit  the  Prison,  in  company 
with  the  other  Commissioners,  ineffectual,  by  reason  of  the  distance  of  ray  resi- 
dence from  theirs,  and  non-conformity  of  their  business  engagements  with  mine  ; 
though  Col.  Whitman,  one  of  the  Commissioners,  has  informed  me  from  time  to 
time  that  he  had  made  visits  to  the  Prison  in  accordance  with  the  law,  and 
found  all  things  right.  The  Commissioners,  as  a  Board,  have  made  but  one 
visit  to  the  Prison,  which  was  in  the  latter  part  of  March  or  first  of  April,  1856. 

Interrogatory  4th. — I  have  received  the  sura  of  $260  80,  in  Controller's 
warrants,  under  the  above  Act,  and  an  Act  approved  April  19th,  1856,  to  pay 
the  Lieut.  Governor  for  services  as  member  of  the  Board  of  State  Prison  Com- 
missioaera  ;_  and  know  of  no  sum  received  by  the  other  Commissioners. 

Respectfully,  R.   M.  ANDERSON. 


EXHIBIT  NO    10. 

Sacramento,  Feb.  7th,  1856. 
To  the  Hon.  Committee  on  Stale  Prison  from  Assembly,  State  of  California  : 

Gentlemen  : 

In  compliance  with  a  request  from  your  Committee  I  submit  to  your  considera- 
tion the  following  fact  connected  with  the  management  of  the  State  Prison  for 
the  past  year,  viz  : 

After  entering  upon  the  duties  as  one  of  the  Directors  of  the  institution  above 
referred  to,  I  opened  a  correspondence  as  Director  ani  Secretary  of  the  Board 
of  Directors,  with  the  then  **  Inspectors  of  the  State  Prison,"  namely  :  His  Ex- 
cellency Gov.  Johnson,  Hon.  David  F.  Douglas  and  Hon.  G.  W.  Whitman,  all  of 
which  1  have  heretofore  submitted  to  your  inspection,  believing  it  important  as 
testimony  to  justify  me  in  the  course  I  have  pursued  in  the  small  share  I  have 
had  in  the  manageraent  of  the  Prison  up  to  the  present  time. 

As  you  will  fifid  from  the  correspondence  the  facts  referred  to,  I  deem  it  un- 
necessary to  recapitulate  the  sarae,  consequently  I  will  give  you  in  few  words  the 
history. 

Gen.  J.  M.  Estell  took  possession  on  the  29th  of  March,  A.  D.  1856,  as 
Lessee,  and  before  taking  possession  he  had  supplied  by  A.  M.  Hay  five  thou- 
sand dollars  in  provisions,  and  is  now  justly  indebted  to  the  State  in  that  sum. 
He  has  to  my  knowledge,  since  he  has  had  charge  of  the  Prison,  turned  loose  on 
the  community  in  San  Francisco,  a  horde  of  convicts  ;  also,  in  the  county  of 
Marin  the  same  has  been  done,  and  in  place  of  his  carrying  out  the  spirit  and 
intent  of  the  law,  the  contrary  has  been  the  fact.     In  regard  to  the  number  of 


35 

escapes  I  need  not  refer,  presuming  you  have  examined  his  books,  which  I  had 
no  right  to  do  under  the  law. 

When  the  Lessee  toolj  possession  he  claimed,  under  the  contract  made  with 
the  Commissioners,  the  right  to  possession  of  all  property,  consisting  of  hogs, 
horses,  cows,  oxen,  machinery,  provisions,  &c  ,  belonging  to  the  State.  At  the 
State  prison  included,  was  as  above  referred  to,  not  only  the  quantity  purchased 
and  supplied  him  at  or  after  the  time  of  his  making  the  contract,  but  also  a  large 
quantity  on  hand  at  the  prison,  (ill.  Meredith  will  testify  as  Commissary,)  all  of 
which  should  have  been  charged  to  said  Lessee,  in  Justice  to  the  State ;  but  as 
you  will  notice  from  the  correspondence  with  Commissioners  who  let  the  contract, 
I  have  been  unable  notwithstanding  all  my  efforts  to  once  see  the  contract,  nor  do  I 
officially  know  there  to  be  one  in  existence.  The  Commissioners  gave  possession 
to  the  Lessee  without  even  notifying  the  Board  of  Directors  that  they  were  author* ' 
ized  by  law  to  do  so,  and  have  never  furnished  me  with  the  slightest  information 
as  to  any  rule  or  law  that  should  govern  my  course  at  a  Director.  Immediately 
upon  the  Lessee  taking  possession,  1  was  given  to  understand  both  by  him  and  his 
agent,  that  I  must  give  possession  of  the  rooms  I  occupied,  one  as  an  office  and 
the  other  as  a  bed  room,  which  was  accordingly  done,  as  I  understood  the  State 
had  leased  him  all  the  property  reserving  nothing  for  the  Directors  on  which  to 
either  subsist  or  live,  not  even  a  house  to  cover  them — he  saying  that  when  I  was 
at  the  prison  I  could  be  his  guest.  My  position  after  being  elected  by  the  people 
I  thought  should  have  at  least  protected  me  from  insult  and  humiliation,  but  I  re^ 
gret  to  say  to  your  Honorable  Committee  that  such  was  not  the  case.  ' 

While  looking  on  and  protesting  against  the  villainy  being  perpetrated  on  the 
State  I  have  not  had  even  the  consolation  to  know  that  I  could  prove  what  I  could 
swear  to,  and  knew  to  be  the  facts.  In  connection  with  this  matter  permit  me  to 
refer  to  the  testimony  of  one  Will.  Hicks  Graham,  who  swore  to  the  reason  why  I 
bad  to  leave  the  prison,  and  that  it  was  because  I  had  a  large  family  to  feed, 
etc.  This  may  be  the  reason,  but  such  was  not  indicated  to  me  by  Gen  Estell; 
so  far  from  it,  both  him  and  his  agent  knew  that  I  bought  my  own  provisions  and 
was  no  tax  to  him  further  than  a  small  quantity  of  miserable  poor  beef,  such  as  was 
not  in  my  opinion,  even  suitable  for  any  human  being,  and  I  called  the  attention 
of  the  agent  to  this  fact,  who  was  aware  of  the  whole  matter.  In  fact  the  object  to 
be  attained  was  simply  to  get  rid  of  my  supervision,  and  this  they  succeeded  in 
doing.  In  regard  to  the  note  given  to  A.  M.  Hay,  I  personally  know  nothing — 
the  evidence  is  before  you  from  which  to  draw  your  own  conclusion. 

Should  the  Legislature  determine  to  abolish  the  office  of  "  State  Prison  Direct- 
or," I  should  certainly  suggest  respectfully  to  your  Honorable  body,  to  recommend  ^ 
the  passage  of  a  law  to  give  some  one  the  right  to  control,  to  some  extent,  the  man- 
agement of  the  institution  while  farmed  out.  The  Honorable  Attorney  General 
together  with  eminent  counsel,  have  unquali6edly  assured  me  that  the  law  giving 
the  right  to  lease  or  farm  out  the  prison  as  done,  was  unconstitutional.  Messrs. 
Jas.  Baldwin  and  Gov.  Foote,  Crittenden,  and  others,  are  the  counsel  alluded  to ; 
this,  however,  you  have  already  investigated,  no  doubt. 

As  I  before  remarked,  on  the  the  29th  day  of  March,  A.  D.  1856,  said  Lessee 
took  possession,  and  on  the  30th  of  the  same  month,  drew  his  warrants  for 
$10,000,  and  I  presume  has  continued  to  draw  in  advance  the  same  amount  every 
month  up  to  the  present  time ;  and  in  addition  to  this,  had  supplied  him  something 
near  $10,000  worth  of  supplies,  together  with  a  large  amount  of  perishable  pro- 
perty, such  as  horses,  hogs,  oxen,  carts,  mules,  cows,  machinery,  vessels  and 
rigging,  all  of  which  will  be  entirely  consumed  ere  this  contract  ceases^)'  om  4. 

As  soon  as  the  law  was  passed,  the  contract  was  given  to  the  present  Lessee; 
and  even  before  it  was  known  that  the  Commissioners  had  received  their  appoint- 
ments, I  heard  the  Lessee  make  a  bet  that  he  then  had  the  contract,  the  other  ■ 


party  saying  that  "  I  would  give  the  amount  to  know  that  you  had  it,"  (meaning 
the  contract.) 

Permit  me,  gentlemen,  to  again  refer  to  charges  that  may  be  or  have  been 
made  against  me  for  neglect  of  duty.  I  have  only  to  refer  you  to  circumstances 
as  before  stated,  and  also  to  the  following  named  gentlemen  :  the  Hon.  Attorney 
General,  Richard  Roman,  Hon.  J.  J.  Kendrick,  Assembly;  Robert  Haley,  Esq. 
and  J.  F.  McCauley,  to  satisfy  your  Honorable  Committee  that  I  have  done  all 
an  honorable  man  could  have  done  under  the  circumstances.  Whatever  pecuni- 
ary embarrassments  the  course  pursued  by  these  parties  have  entailed  upon  me, 
do  not  compare  with  the  humiliation  I  have  been  compelled,  as  a  public 
oflBcer,  to  submit  to  ;  and  allow  me  to  say,  in  this  connection,  that  I  am  satisfied 
that  the  plan  to  defraud  the  State  was  conceived  in  fraud  and  brought  forth  in 
in  inquity,  long  since  ;  and  I  hope  by  patient  investigation  upon  your  part,  and 
the  little  assistance  I  can  render  you,  you  will  ere  long  be  able  to  ferret  out  the 
guilty  parties,  and  consign  them  to  the  fate  they  so  richly  merit. 

In  conclusion,  gentlemen,  allow  me  to  state  to  you  my  opinion  in  regard  to 
the  present  system  and  management  of  the  Prison,  I  regard  it  as  a  disgrace  to 
the  State,  which  in  any  other  country  would  not  be  permitted  to  exist.  From  the 
day  that  the  Lessee  took  possession,  his  whole  object  seems  to  have  been  to  keep 
secret  his  management.  Situated  upon  an  almost  isolated  point,  far  from  the 
public  gaze,  he  and  his  employees  have  been  known  to  do  acts  heretofore  unheard 
of  in  a  civilized  community,  and  when  it  was  known,  and  a  committee  sent  to 
investigate  his  management,  I  presume  he  made  his  arrangements  accordingly. 
I  have  myself  seen  convicts  stalking  through  the  streets  of  San  Francisco  in 
broad  daylight,  without  even  the  right  to  interfere.  T  have  been  cognizant  of 
the  fact  that  large  numbers  have  escaped,  and  no  reward  has  been  offered  by  the 
Lessee  or  the  Commissioners,  and  no  efibrt  made  to  protect  the  citizens  of  the 
State  from  their  depredations. 

I  have  the  honor  to  submit  the  above,  and  remain  your  obt.  servfc. 

huR  fenoiaivoT 

V  '  ALEX.  BELL, 

^  State  Prison  Director. 


Gentlemen  : 

TPermit  me  to  add  to  the  foregoing  some  reasons  why  I  feel  anxious  that  there 
should  be  some  one  to  supervise  the  acts  of  the  Lessee,  (he  having  the  right  under 
the  law  to  re-lease  to  other  paties.)  Under  the  existing  law  it  is  a  well  known  fact 
that  where  there  are  so  many  employees  hired  at  a  small  monthly  salary  pome  may 
be  on  guard  or  in  trnploy  who  might  be  willing,  for  a  consideration,  even 
without  the  knowledge  of  the  Lessee,  to  permit  them  to  escape — these  escapes  have 
been  and  will  continue  to  be  a  sore  curse  upon  our  State,  particularly  to  the 
counties  of  Monterey,  San  Luis  Obispo.  Santa  Barbara,  lulare,  San  Bernardino, 
San  Diego  and  Los  Angeles,  and  in  order  to  protect  the  interest  and  lives  of  the 
citizens  of  these  counties  I  respectfully  ask  of  your  Honorable  Committee  to  re- 
commend the  passage  of  some  law  calculated  to  check  this  evil  as  it  exists ;  and 
permit  me  to  state  to  your  Honorable  Committee,  that  in  my  opinion,  if  the  pres- 
ent system  above  referred  to  had  not  been  adopted  the  lives  and  property  of  many 
valuable  citizens  would  have  been  saved  to  the  State.  You,  gentlemen,  no  doubt 
recollect  the  geographical  position  of  the  southern  counties,  particularly  San  Diego, 


37 

Los  Angeles  and  San  Bernardino.  Exposed  as  they  have  been,  not  only  to  the 
ravages  of  a  horde  of  robbers,  thieves  and  murderers,  who  have  been  headed  by 
escaped  convicts,  but  the  peculiar  locality  has  invited  all  renegades ;  and  to  add  to 
this  is  the  misfortune  of  having  had  no  rain  for  nearly  twelve  months  past,  Los 
Angeles  and  San  Diego  counties  have  been  made  the  receptacle  of  two  thirds  of 
the  villains  who  had  left  the  Northern  portion  of  the  State,  and  as  my  home  has 
been  in  the  lower  country,  I  desire  in  the  discharge  of  my  duties  to  particularly 
direct  your  attention  to  this  matter. 

I  remain  yours,  respectfully, 

ALEX.  BELL, 

State  Prison  Director. 
.  i 


EXHIBIT  m  11.       , 


t)UQ 


Captain  Egbert  Haley,  resident  in  the  City  of  San  Fran.cisoo,  being  sworn 
before  the  Committee,  deposes  as  follows  : 

Has  heard  that  a  note  for  $5,000,  drawn  by  J.  M.  Estell,  was  given  to  A.  M. 
Hay,  and  by  him  turned  over  to  McKenzie,  afterwards  discounted  by  J.  F.  Mc- 
Cauly.  McKenzie  told  me  that  he  had  received  the  note  from  Hay  after  it  was  dis- 
counted by  McCauly.  Does  not  know  what  the  note  was  given  for,  and  declines 
giving  the  conversation  between  him  and  McKenzie,  owing  to  its  being  of  a  strictly 
confidential  and  private  nature.  This  conversation  took  place  while  I  was  in 
Sacramento — during  last  session  of  the  Legislature — ^endeavoring  to  prevent 
the  passage  of  a  bill  abolishing  the  State  Prison  Directors.  In  a  conversation  with 
J.  M.  Estell  I  succeeded  in  persuading  him  to  withdraw  his  objections  to  its  passage. 

ROBERT  HALEY. 

Sworn  to  before  me, 

GEO.  H.  ROGERS,  Chairman. 

San  Francisco,  January  31,  185*1.  :  *■  Ji   , 


EXHIBIT   NO.    12. 

A.  M.  Hay,  of  the  City  of  San  Francisco,  being  duly  sworn  before  the  Com- 
mittee, deposes  as  follows:  .':  ,Li iii^b  ^j: 6.;; o.i  J 

:  P.O'-'. 

I  have  received  from  J.  M.  Estell  a  note  to  my  order  for  $5,000;  don't 
recollect  the  date  of  the  note,  time  to  run,  or  time  of  receiving  the  same.  The  note 
was  for  a  valuable  consideration,  but  decline  stating  the  consideration.  I  indorsed 
the  same  without  recourse,  and  loaned  it  to  a  friend,  (decline  stating  his  name,)  by 
whom  it  was  placed  in  the  hands  of  a  broker  for  discount.     I  was  reimbursed  for 


t 

the  use  and  face  of  sairte  to  my  satisfaction  by  the  party  to  whom  I  loaned  it;  don' 

know  whether  it  was  paid  at  maturity. 

ALFRED  M.  HAY. 
JBefore  me, 

GEO.  H.  EOGERS,  Chairman. 
?,/;  IJanuary  31,  1867. 


EXHIBIT  NO.  13. 

J.  F.  McCauley,  being  duly  sworn  before  the  Committee,  deposes  as  follows  : 

I  resided  in  San  Francisco  from  January  1st  to  February  5th,  1856,  then  left 
for  the  Eastern  States.  I  furnished  beef  for  the  Prison  at  Marin  from  January 
1st  to  March  29th,  inclusive ;  when  absent,  it  was  iurnished  by  my  agent,  Mr. 
Jas.  S.  Thuston,  according  to  a  contract  with  the  Directors  now  on  file  in  the 
Controller's  office.  The  beef  was  killed  at  San  Francisco,  and  owing  to  calms 
and  hot  weather,  on  one  occasion  it  spoiled  on  the  passage  to  Marin,  which 
resulted  in  the  correspondence  between  Director  Bell  and  myself,  as  shown  in 
bis  letters.  The^re  was  an  appropriatioo  for  the  Prison,  passed  by  the  Legislature 
February  14th,  1856,  of  |15,000.  I  did  not  receive  any  portion  of  that  appro- 
priation, and  I  have  recently  ascertained  that  it  was  not  intended  for  previous 
indebtedness,  but  for  future  contingencies.  I  received  a  portion  of  an  appropri- 
ation made  by  Legislature  April  7th,  1856,  of  $32,000,  but  do  not  recollect 
amount  so  received  ;  think  it  was  about  one-half  of  my  account.  I  hold  a  note 
(shown)  drawn  by  J.  M.  Estell  and  Archibald  Woods  for  $5,000,  payable 
November  1, 1856.  I  advanced  money  on  this  note  at  the  request  of  McKe«zie, 
in  San  Francisco.  Mr.  Bell  and  the  other  Directors  did  not  agree  on  matters 
pertaining  directly  to  the  control  and  management  of  the  State  Prison.  Com- 
plaints were  made  by  Bell  about  the  quantity  and  quality  of  provisions,  clothing, 
&c  ,  which  irritated  the  other  contractors.  So  far  as  my  knowledge  extends, 
Mr.  Bell  has  conducted  and  managed  his  duties,  as  State  Prison  Director,  hon- 
estly and  fairly. 

JOHN  M.  McCAULEY. 

Subscribed  and  sworn  to  before  me  this  9th  day  of  February,  185*7. 

GEO.  H.  ROGEKS,  Chairman. 


EXHIBIT  NO.  14. 
-fli' 

Leonard  Smith,  resident  in  the  city  of  San  Francisco,  being  duly  sworn,  depo- 
ses : 

Was  Deputy  "Warden  of  State  Prison  at  San  Quentin  from  January  1,  1856, 
to  April  1,  1856 ;  during  that  time  the  provisions  were  furnished  by  F  F. 
McKenzie,  Warden.  Bacon  was  of  a  poor  quality,  and  condemned  by  a  com- 
mittee appointed,  consisting  of  Messrs.  Knox,  Haralson,  Brooks  and  Stocker.   The 


30 

flour  was  of  second  quality,  but  sweet ;  the  fresh  beef  w^as  of  good  quality. 
Coffee  was  served  twice  each  day.  A  large  quantity  of  beans  (say  26,000  lbs.) 
were  condemned  by  the  above  Committee  of  four.  There  was  a  large  quantity 
of  clothing  and  provisions  on  hand,  which  were  paid  for  by  the  State  at  the  time 
Estell  took  charge.  Everything  was  in  readiness  for  the  commencement  of  the 
Spring  labor  of  convicts  to  be  remunerative.  Gen.  Estell  took  possession  of  all 
the  buildings,  furniture,  bedding,  &c.,  belonging  to  the  State,  and  occupied  by 
the  Directors.  I  have  seen  quite  a  large  number  of  prisoners  in  San  Francisco 
since  the  present  Leasee  took  possession — on  Montgomery  street,  at  the  Hotels, 
and  other  places,  without  any  guard. 

LEONARD  SMITH. 

Sworn  to  and  subscribed  before  me,  January  Slst,  1851. 

GEORGE  H.  ROGERS, 

Chairman. 


EXHIBIT  No.  15. 

Before  the  Committee  of  the  Assembly  of  the  State  of  Calif orma  to  investi- 
gate matters  of  the  State  Prison. 

Martin  E.  Cooke  being  duly  sworn,  says  : 

That  he  is  acquainted  with  Gen.  Estell,  Lessee  of  the  State  Prison  ;  that  he 
(witness)  resides  in  Sonoma  county  ;  that  he  is  acquainted  with  one  Francisco 
Esparze,  who  was  convicted  in  the  summer  of  1855,  in  the  Court  of  Sessions  of 
the  county  of  Sonoma,  of  the  offense  of  grand  larceny,  and  sentenced  to  im- 
prisonment in  the  State  Prison  for  a  term  of  two  and  a  half  years.  Witness, 
on  the  evening  of  the  26th  day  of  January,  185*1,  was  at  the  International 
Hotel  in  San  Francisco,  and  the  said  Francisco  came  into  such  hotel  and  had  a 
conversation  with  witness  about  his  imprisonment,  during  which  the  said  Fran- 
cisco informed  deponent  that  he  had  been  living  in  San  Francisco  with  Gen. 
Estell  for  more  than  two  months  last  past  ;  that  he  desired  deponent  to  get  a 
pardon  from  the  Governor  for  the  offense,  as  he  did  not  wish  to  remain  under 
the  disability  of  a  convicted  felon  ;  that  he  did  not  have  much  to  do  at  Gen. 
Estell's.  Deponent  says  that  said  Francisco  at  said  interview  was  well  dressed, 
having  nothing  about  him  to  indicate  that  he  was  a  convicted  felon.  Said 
Francisco,  on  his  trial  in  Sonoma  county,  pleaded  guilty  to  the  indictment  on 
which  he  was  sentenced.  Said  Francisco  requested  to  see  deponent  this  even- 
ing (Jan.  27th,)  at  the  International,  and  said  he  could  and  would  call  at  six 
o'clock,  P.  M. 

MARTIN  E.  COOKE. 

Sworn  and  subscribed  this  27th  day  of  January,  1857. 

GEO.  H.  ROGERS. 

Chairman  S,  P.  Committee. 


40 
EXHIBIT  No.  16. 

•    Wm.  Hicks  Graham  being  sworn  before  the  Committee,  deposes  as  follows  : 

I  took  charge  of  the  State  Prison  on  the  28th  or  29th  of  March,  as  Superin- 
tendent ;  remained  in  that  capacity  until  about  October  8th,  1856  ;  the  evening 
I  took  charge,  Messrs.  Bell,  McKenzie  and  Wilson,  Directors,  were  present, 
and  an  inventory  taken,  by  their  order,  a  copy  of  which  is  now  on  file  in  the 
Controller's  office.  Under  the  law  it  is  made  the  duty  of  the  Commissioners  to 
prescribe  the  rules  and  regulations  for  the  government  of  the  Prison  ;  I  accord- 
ingly desired  Col.  Whitman  to  furnish  such  copy  of  rules  and  regulations,  and 
was  told  to  go  on  and  govern  under  same  rules  as  established  by  the  Directors, 
and  I  believe  my  discipline  was  the  same  as  carried  out  by  them.  When  I  took 
charge,  neither  money  nor  valuables  belonging  to  prisoners  were  handed  over  to 
me,  which  is  made  the  duty  of  the  Warden  or  his  deputy  to  give  to  his  succes- 
sors in  office  Gen.  Estell  was  desirous  that  Col.  Bell  should  leave  the  Prison, 
for  the  reason  that  he  objected  to  the  support  of  Bell's  family,  but  was  willing 
to  afford  room  and  subsistence  for  Bell  himself.  Since  the  8th  of  October,  I  have 
acted  in  San  Francisco  as  the  agent  of  Gen.  Estell.  During  my  term  of  office 
as  Superintendent,  the  average  quality  and  quantity  of  food  for  prisoners  was 
equal  to  that  of  laborers  generally  throughout  the  State  of  California. 

WILL.  HICKS  GRAHAM. 

Subscribed  and  sworn  before  me,  January  31st,  185t. 

GEO.  H.  ROGERS, 

Chairman  of  Committee. 


EXHIBIT  NO.  11. 

Captain  George  Simpton  shows  a  copy  of  rations  for  XJ.  S.  Revenue  Marine 
from  Secretary  of  Treasury  of  U.  S.  now  extant,  and  for  which  the  contractor 
receives  45  cts.  per  diem.     All  articles  of  first  quality. 

''"  WEEKLY    (omitting   DAILY.) 

i;    Beef . . j»j«sKi{>;>  f  #i 4  lbs. 

•     Pork. .  .V*  % ; 3  lbs. 

J,  Flour 1  lb. 

,     Rice 1  lb 

f     Dried  Fruit Jib. 

Pickles i  lb. 

'.    Biscuit 98  oz . 

2    Sugar • 14  oz . 

If,   *      Tea 1|  oz. 

Coffee 7  oz . 

.    Coco '. 7  oz. 

Butter 4  oz. 

Cheese 4  oz . 

Beans 1|  pints. 

Molasses i     " 

Vinegar |     " 


A  copy  of  the  above  named  rations  were  furnished  Mr.  Bell  by  Captain  Simp- 
ton  at  Bell's  request,  as  an  Index  or  Guide  for  provisioning  the  Prison  after  his 
election  as  Director. 

G.  SIMPTON,  .^ 

Sworn  before  Committee  this  day,  January  31st,  1857.  *^ 

GEORGE  H.  ROGERS,  i!^ 

Chairman. 


EXHIBIT  No.  18. 

David  Clingham  being  duly  sworn  before  the  Committee,  deposeth  : 

That  from  the  6th  day  of  June,  1866,  to  the  29th  of  January,  1857,  he  has 
purchased  and  delivered  to  the  State  Prison  846  head  of  cattle,  which  have 
been  slaughtered  and  consumed  by  the  prisoners  and  attaches,  to  his  knowledge, 
during  that  interval,  with  slight  exceptions,  say  averaging  30  lbs.  per  day,  sold 
in  the  neighborhood. 

D.   CLINGAN.  ' 

-     1j 


Sal 


■0''   ?   1'*  ' 

ubscribed  and  sworn  to  before  me  this  29th  day  of  January,  185t. 

GEO.  H.  ROGERS,  Chairman. 


1 

la 


EXHIBIT   NO.  19.  .-tji; 


I  •  i ' 


John  C.  Gordon,  being  duly  sworn,  says: 

Have  been  acting  Superintendent  of  the  State  Prison  since  the  21st  day  of  De- 
cember, 1856.  I  acted  as  Superintendent  of  the  State  Prison  for  the  State  of 
Missouri,  for  about  13  years,  ending  in  the  fall  of  1853.  One  of  the  first  objects 
in  a  State  Prison  is  to  separate  the  prisoners,  and  prevent  communication.  I  have 
found  it  impracticable  to  separate  here  the  prisoners,  and  there  has  not  been 
accommodations  in  prison  rooms  to  allow  all  the  prisoners  to  sleep  inside  the  walls 
with  comfort.  In  my  opinion  the  locality  here  is  not  suitable,  and  I  think  it 
would  be  better  to  divide  the  prisoners  and  have  separate  localities.  There  are  a 
great  many  prisoners  out  of  clothing  for  winter — they  lack  shirts.  They  ought  to 
have  enough  for  a  change.  I  am  of  opinion  the  class  of  prisoners  will  not  allow 
of  extensive  manufacturing.  It  seems  to  me  that  the  natural  aversion  of  the  pris- 
oners will  be  such  that  there  should  be  branches.  I  think  a  large  portion  of  the 
prisoners  could  be  best  worked  at  cutting  stone  and  making  brick.  I  have  been 
here  a  little  over  a  month,  and  never  was  here  before.  1  have  not  been  sufficiently 
acquainted  with  the  working  of  the  prisoners  to  know  whether  they  could  be  re- 
moved advantageously  or  not.  These  are  new  crude  opinions  formed  hastily,  hav- 
ing been  here  but  a  short  time. 

JOHN  C.  GORDON. 

Subscribed  and  sworn  before  me  this  29th  day  of  January,  185Y. 

rioi09V  GEO.  H.  ROGERS,  Chairman. 

6 


42 

-qnJoHN  C  Gordon,  Supenatendcnt  California  State  Prison,  upon  oath: 

I  believe  that  tinder  ordinary  circumstances  there  are  a  sufficient  number 'of 
guards  to  safely  keep  the  prisoners;  I  do  not  know  that  they  are  sworn  to  a  faithful 
performance  of  duty;  I  have  been  told  that  they  were  not  sworn.  I  do  not  know 
of  my  personal  knowledge  whether  they  are  promptly  paid  or  not,  but  many  of  the 
employees  have  told  me  they  could  not  get  their  pay  as  it  was  promised  them, 
and  talked  of  leaving  in  consequence  of  the  difficult}'  they  had  in  getting  their  pay. 

I  believe  the  employees  have  had  reason  to  find  fault  with  the  food  furnished 
them,  or  rather,  that  the  proper  supply  of  some  necessary  articles  of  food  were  not 
furnished.  I  do  not  think  the  prisoners  are  now  being  furnished  with  a  sufficiency 
of  good  wholesome  food.  This  state  of  partial  want  has  existed  for  several  days, 
and  has  caused  me  much  anxiety.  Their  food  during  this  time  has  been  light 
rations  of  bread  and  mackeral  or  corned  beef.  It  is  not  customary  to  furnish  the 
convicts  with  either  tea  or  coffee — except  in  sickness.  There  is  a  deficiency  in 
clothing.  Among  the  first  of  my  orders  upon  the  Lessee  I  named  the  articles  of 
shirts,  shoes,  and  blankets,  and  I  since  urged  the  Lessee  to  furnish  them,  but  he 
has  not,  as  yet,  attended  to  this  request.  There  has  not  been  a  change  of  clothing 
for  all  the  prisoners  since  I  came,  and  it  is  impossible  to  keep  the  men  free  from 
filth  unless  they  are  provided  with  a  full  change.  It  is  not  customary  to  furnish 
the  convicts  with  coats,  still  I  think  it  would  be  advisable  to  furnish  them.  For 
the  want  of  clothing  I  have  thought  it  advisable  to  keep  some  of  the  convicts  in 
their  cells,  or  in  the  long  room,  in  bad  weather,  while  in  good  weather  I  set  them 
at  breaking  stone.  Unless  food  and  clothing  are  furnished  at  once  to  meet  the 
present  urgent  wants  of  the  institution,  I  shall,  as  Superintendent  of  the  Prison,  be 
compelled  to  resort  to  means  to  keep  the  prisoners  that  might  compromise  the  dig- 
nity of  the  State.  At  this  time  there  is  not  more  than  light  rations,  that  may  last 
until  Saturday  night,  21st  February,  and  I  may  be  compelled  to  keep  the  prisoners 
in  close  confinement  because  of  the  dissatisfaction  arising  from  the  want  of  full 
supphes, 

JOHN  C,  GORDON, 

;Sworn  and  subscribed  before  me  February  20th,  1857, 

URIAH  EDWARDS, 

£i5,.jn  J  of  State  Prison  Committee, 

U  iniffJ    :  


-"i-lqVd;  .  EXHIBIT  No.  20. 

'uii  io  f! 

■  Point  San  Qdentin,  Feb.  20th,  1867. 

John  E.  Morton,  upon  oath,  says  : 

I  have  been  an  attache  to  the  California  State  Prison  since  January,  1856. 
As  far  as  I  know,  under  the  Directory,  I  believe  there  was  no  cause  of  com- 
plaint in  reference  to  food  or  clothing.  I  think  printed  rules  and  regulations 
were  in  the  possession  of  the  officers  and  guards,  pointing  out  the  daties  of  each 
officer.     The  "  Trusty"  system  was  practiced  under  the  Directory  of  1856. 


m 

I  think  there  was  an  abundance  of  clothing  and  food  on  hand  at  the  time  the 
present  Lessee  took  possession  of  the  Prison  ;  I  do  not  think  there  is  a  suf- 
ficiency of  clothing  at  the  present  time  to  protect  them  from  the  inclemency  of 
the  winter,  at  least  of  shoes  For  the  last  month,  I  think,  as  a  general  thing, 
the  prisoners  have  been  well  fed,  although  for  the  last  ten  or  twelve  days  there 
has  been  at  times  a  scarcity  ;  it  is  not  customary  to  give  them  tea  or  coffee. 
For  the  last  three  months  I  think  escapes  have  been  less  frequent,  and  I  think 
there  has  been  a  change  in  the  general  management  of  the  institution  for  the 
better.  ;  there  are  not  so  many  Trustys  now  as  formerly,  and  less  favoritism.  I 
have  heard  general  complaint  on  account  of  the  Lessee  not  complying  with  the 
contract  which  calls  for  monthly  payment  of  salaries.  I  think  at  times  the 
general  table  has  not  been  supplied  with  variety  of  food  necessary  to  satisfy  the 
wants  of  laboring  men  ;  I  have  heard  general  complaint  in  reference  to  the 
food  furnished  the  employes  at  times.  I  have  never  sent  an  order  to  the  Lessee 
that  was  not  paid,  although  I  have  asked  for  money  and  did  not  receive  it, 
owing,  as  the  Lessee  said,  to  his  not  having  the  means. 

JOHN  MORTON. 

Sworn  to  and  subscribed  before  me,  February  20th,  1857. 

URIAH   EDWARDS, 

Of  State  Prison  Committee. 


EXHIBIT  No.  21. 

Point  San  Quentin,  Feb.  20th,  1857. 

Henry  R.  Johnson,  upon  oath,  says  : 

I  have  resided  here  since  the  1st  of  January,  1856,  since  which  time  I  have 
been  an  attachee  of  the  State  Prison  ;  I  was  sworn  to  the  faithful  performance 
of  my  duty,  as  a  guard,  upon  my  accepting  the  ofifice  under  Gen.  James  M. 
Estell,  Lessee  of  the  Prison.  I  do  not  know  that  printed  rules  or  regulations 
have  ever  been  distributed  among  the  employees  ;  I  cannot,  of  my  personal 
knowledge,  say  whether  the  prisoners  were  properly  fed  or  not  ;  I  believe  the 
prisoners  were  well  clad  under  the  Directory  of  1856  ;  I  heard  no  complaint 
made  of  the  want  of  food  or  clothing  under  that  Directory  ;  at  the  time  I  visited 
the  prisoners'  tables  I  think  there  was  a  sufficiency  of  wholesome  food  ;  this 
visit  was  about  three  weeks  since.  Some  of  the  employees  find  much  fault  with 
the  Lessee's  plan  of  paying  the  guard  ;  for  myself,  I  am  satisfied  that  the  Gen- 
eral will  pay.  There  have  been  but  few  escapes  for  the  last  few  months.  I  do 
not  know  that  there  has  been  any  marked  change  in  the  management  of  the 
Prison  recently  ;  still,  less  men  are  allowed  to  sleep  out.  In  reference  to  escapes 
I  wish  to  state  that  in  the  event  of  an  escape  the  most  diligent  efforts  are  made 
to  capture  the  fugitives  ;  I  have  known  several  hundred  dollars  to  be  paid  as 
rewards  for  the  capture  of  those  escaping. 

HENRY  R.  JOHNSON. 

Sworn  to  and  subscribed  before  me,  February  20th,  1857. 

URIAH  EDWARDS, 

Of  State  Prison  Committee. 


44 

■  f 

EXHIBIT  NO.  22. 

Joseph  0.  Connor,  employee  of  the  State  Prison,  being  sworn,  deposes  and 


I  have  been  here  nearly  three  years  ;  I  was  here  under  the  Directors  for  1856, 
and  under  their  administration  the  prisoners  were  well  fed  and  clothed. 

Do  you  think  the  prisoners  are  as  well  fed  under  Gen.  Estell  as  under  the 
Directors  ? 

During  the  summer  I  think  they  were  quite  as  well  fed  under  Gen.  Estell  as 
at  any  previous  time;  during  the  last  two  months  they  have  not  been  as  well 
fed,  either  in  point  of  quality  or  quantity.  The  quality  of  their  food  is  not  good, 
but  in  point  of  quantity  I  think  it  suflBcient  for  the  amount  of  labor  they  per- 
form. 

Do  you  think  Mr.  Pomeroy  has  used  the  necessary  effort  as  commissary  to 
procure  supplies  for  the  prisoners,  both  food  and  clothing  ? 

I  do.  He  has  used,  I  believe,  all  due  diligence  to  have  the  prisoners  well  fed 
and  clothed,  as  far  as  the  same  has  come  under  my  knowledge. 

Has  there  been  as  many  escapes  within  the  past  two  or  three  months  as  here- 
tofore ? 

There  has  not,  I  believe  Mr.  Gordon,  the  present  agent,  is  well  qualified  to 
manage  and  direct  the  affairs  of  the  Prison.  He  is  almost  daily  making  some 
change  for  the  better,  and  has  now  got  nearly  all  of  the  prisoners  sleeping  within 
the  walls. 

Do  you  know  whether  under  the  Directors  for  1856  they  were  in  the  habit  of 
sw^earing  in  the  guards  and  employees  of  the  Prison  ? 

They  were.  I  do  not  know  whether  it  has  been  practiced  under  the  present 
Lessee. 

Do  you  known  whether  the  guards  and  other  employees  are  paid  promptly  ? 

I  understand  from  them  they  are  not,  and  there  is  some  complaint  in  regard 
to  it. 

What  is  the  character  of  the  buildings,  workshops,  &c.,  put  up  inside  the 
walls  by  Gen.  Estell  ? 

'     They  are  good,  substantial  buildings,  as  far  as  completed. 
■     Why  have  those  buildings  not  been  completed  ? 

For  want  of  material. 
'    Have  you  heard  any  complaint  of  too  many  prisoners  being  crowded  into  their 
cells,  or  rooms  ? 

I  have  heard  the  Doctor  complain  ;  I  have  heard  him  complain  frequently,  and 
he  has  often  urged  the  necessity  of  one  hospital  department.  The  long-room  is 
147  feet  long  by  22  feet  6  inches  wide.  The  number  of  prisoners  sleeping  in  the 
long-room  averages  230.     The  entire  size  of  the  present  Prison  is  180  feet  by  28. 

nli    til   yi;{j»u:)   i; 

JOSEPH  0.  CONNOR. 

Sworn  to  and  subscribed  before  me,  February  21st,  1851. 

URIAH  EDWARDS, 

Of  State  Prison  Committee. 


45 
EXHIBIT  NO.  23. 

San  Quentin,  Feb.  20th,  1851. 
Dr.  H.  Harris,  Resident  Physician  at  the  State  Prison,  upon  oath  says : 

I  do  not  think  the  food  and  clothing  provided  for  those  now  in  confinement 
here  is  such  as  they  should  have  to  ensure  health ;  not  less  than  fifty,  and  proba- 
bly seventy-five,  are  entirely  destitute  of  shoes,  and  the  clothing  and  bedding  of 
the  convicts  are  entirely  inadequate  to  their  wants,  and  this  want  will  necessarily 
beget  ill  health  and  want  of  cleanliness. 

I  do  not  know  that  the  ofiicers  and  attaches  acting  under  J.  M.  Estell, 
Lessee,  are  sworn  to  the  faithful  performance  of  their  duties — under  the  "  Direc- 
tory" they  were. 

I  do  not  believe  that  the  officers  and  guards  are  regularly  paid  their  monthly 
salaries.  I  do  know  that  I  have  not  been  paid,  and  that  this  failure  to  pay  oa 
the  part  of  the  Lessee  has  occasioned  me  much  embarrassment. 

I  have  never  seen  a  set  of  rules  or  regulations,  written  or  printed,  issued  under 
the  Lessee  for  the  government  of  the  institution.  I  have  known  instances  of  in- 
humanity arising  from  the  petulance  of  convict  overseers  that  might  not  have 
occurred  had  there  been  rules  and  regulations  defining  the  duties  of  the  different 
officers.  I  look  upon  the  mode  of  punishment  here  as  being  in  every  way  repul- 
sive to  humanity, 

I  with  great  pleasure  state  that  I  believe  the  present  Superintendent,  J.  C. 
Gordon,  has  done  as  well  for  the  institution  as  it  would  have  been  possible  for 
any  man  to  have  done  under  like  circumstancf^s.  I  believe  him  to  be  in  every 
way  qualified-j— the  proper  means  being  placed  at  his  disposal  to  conduct  this  in- 
stitution in  a  manner  calculated  to  reflect  credit  upon  himself  and  do  honor  to 
the  IState. 

To  the  question.  Do  you  believe  that  the  Superintendent  and  officers  gene- 
rally, notwithstanding  the  discouraging  circumstances  by  which  they  are  sur- 
rounded are  determined  to  safely  keep  and  humanely  treat  the  prisoners  confined 
to  their  care  ?     I  answer — 1  do. 

J.  H.  HARRIS. 

Sworn  to  and  subscribed  before  me,  February  20th,  185t. 

URIAH  EDWARDS,  S.  P.  Committee. 


EXHIBIT  NO.  24. 

Office  of  State  Controller,  June  2d,  1856. 

ooA-t  a  meeting  of  the  Board  of  State  Prison  Commissioners,  R.  M.  Anderson 
and  Henry  Bates  being  present,  the  following  resolution  was  adopted: 

Resolved,  That  in  the  government  and  control  of  the  State  Prison  convicts, 


m 

the  Directors  of  the  State  Prison  are  hereby  directed  to  observe  the  rules  and 
regulations  adopted  in  May  or  June,  1855,  and  published  in  pamphlet  form,  and 
that  said  rules  and  regulations,  are  hereby  adopted  and  declared  the  rules  for 
the  government  of  the  State  Prison  convicts. 

Signed, 

R.  M.  ANDERSON,  Chairman. 
HENRY  BATES,  Secretary. 


EXHIBIT  NO.  25. 

Point  San  Quintin,  March  10th,  1856. 

Col.  Alex.  Bell,  State  Prison  Director — 

Dear  Sir: 

Having,  in  complyance  with  your  request,  examined  the  beans  and  bacon 
shipped  to  State  Prison  for  State  Prison  use,  we  feel  no  hesitancy  in  saying  that 
they  are  not  such  articles  as  should  be  fed  to  the  prisoners,  in  consequence  of 


their  inferiority. 


JOS.  A   KNOX, 
J.  T.  STOCKER, 
JNO.  H.    HARALSON, 
A.  H.  BROOKS. 


EXHIBIT  NO.  26. 
To  the  Hon.  Committee  on  State  Prison: 

I  have  the  honor  to  hand  to  your  Committee  a  summary  statement  of 
occurrences  at  the  State  Prison  since  the  leasing  of  the  same  to  the  present  Lessee, 
the  Hon.  J.  M.  Estell.  On  the  29th  of  March,  1856,  the  said  Lessee  took  posses- 
sion of  all  the  property  belonging  to  the  State  at  the  place  where  the  Prison  is 
located,  (San  Quentin,)  and  has  since  that  time  exercised  "full  control  over  the 
same. 

The  law  creating  a  Board  of  Directors  gave  to  that  Board  the  right  to  the  use 
of  suitable  buildings  for  themselves,  and  also  for  offices,  provisions,  and  everything 
necessary  for  the  proper  discharge  of  their  duties.  But  the  Legislature,  it  is  to  be 
presumed,  overlooked  this,  as  the  Lessee  has,  from  the  date  above  mentioned, 
claimed,  and  still  claims,  under  his  contract,  whether  justly  or  not  it  is  for  your 
Committee  to  determine,  the  exclusive  custody,  control,  and  inanagement,  of  all 


An 

the  property  and  appertaaances  of  the  said  Prison,  without  regard  to  the  rights  or 
priveleges  which  the  said  Board  of  Directors  supposed  to  have  been  secured  to 
them,  bylaw.     i^tja-oU  aviyu'jax:'; 

On  several  occasions  I' solicited,  in  writing,  the  State  Prison  Commissioners  to 
furnish  the  Directors  with  a  copy  of  the  contract  entered  into  with  the  Lessee. 
This  has  never  been  complied  with,  although  a  full  knowledge  of  the  contents  of  that 
document  was  and  is  essential  to  the  Directors  in  the  performance  of  the  duties 
assigned  them,  as  the  law  expressly  charges  upon  the  Directors  to  see  that  the 
said  contract  is  carried  out. 

Under  these  circumstances,  I  wrote  to  the  Hon.  Attorney  General  to  advise  me 
in  the  premises.  His  reply  I  submit  to  you.  In  his  communication  he  stated 
that  he  was  unable  to  obtain  a  copy  of  the  contract,  and,  further,  verbally  informed 
ra,e  that  he  was  satisfied  that  the  law  under  which  the  Lessee  had  possession  was 
unconstitutional,  and  that  I  was  acting  properly  in  not  interlering  with  the  Lessee, 
until  the  matter  should  be  decided,  particularly  as  it  was  impossible  to  ascertain, 
without  some  investigation,  or  legal  proceedure,  what  rights  and  duties  the  Direc- 
tors had  during  the  existence  of  said  contract.  This,  together  with  other  circum- 
stances, which  I  will  communicate  to  you,  will,  I  trust,  gentlemen,  satisfactorily 
account  to  you  for  the  course  I  have  hitherto  pursued  in  regard  to  the  management 
of  the  Prison  aifairs,  so  far  as  I  am  concerned. 

If  it  is  your  intention  to  inquire  into  matters  that  occurred  prior  to  the  pos- 
session of  the  present  Lessee,  I  have  some  information  that  may  be  of  service. 

In  the  first  place  I  can  show  by  the  books  that  the  State  prior  to  that  time 
had  paid  for  a  much  larger  quantity  of  provisions,  &c  ,  &c  ,  &c.,  say  100  per 
cent  more  than  could  have  been  consumed  by  the  prisoners  and  employees.     . 

Second.  A  large  amount  of  supplies  was  purchased  by  the  Warden  a  few  days 
prior  to  the  time  the  said  Lessee  took  possession,  which  supplies  were  taken  by 
the  Lessee,  but  charged  to  and  paid  for  by  the  State  at  a  cost  of  several  thou- 
sand dollars. 

I  can  further  show  that  the  Lessee  gave  his  note  to  A.  M.  Hay  for  $5,000, 
which  note  was  given  as  a  compromise  between  the  Lessee,  Wilson  and  McKen- 
zie — the  two  latter  agreeing  to  aid  in  the  passage  of  a  bill  for  leasing  the  Prison 
and  prisoners,  which  should  inure  to  the  benefit  of  the  Lessee. 

The  Note  above  alluded  to  was  at  last  advices  in  the  hands  of  one  McCauley. 
I  think  it  can  be  shown  also  that  Estell  paid  $5,000  more  to  another  partj^  for; 
his  services  in  the  premises.  .a-j  ^m 

In  order  to  ascertain  the  fact  above  stated  it  will  be  necessary  to  have  the 
books  kept  by  the  book  keeper  during  the  months  of  January,  February  and 
March,  1856;  said  books  now  being  in  possession  of  the  Warden.  All  of  which 
I  respectfully  submit. 

Ihave  the  honor  to  be, 

<r  cjif,,      Yery respectfully. 

Your  obedient  servant, 

ALEX.  BELL, 
State  Prison  Director, 


hi'^ 


48 
EXHIBIT  No.  21. 


141/  t% 

mi 


Executive  Department,         \ 
February  17th,  185t.     j 
Hon.  Uriah  Edwards,  Member  of  Assembly  and  of  the  State  Prison  Com- 
mittee : 
Sir  : — Complaints  having  reached  me  since  being  in  San  Francisco,  regarding 
the  condition  and  management  of  the  State  Prison,  and  finding  you  are  in  this 
city,  I  hereby  request  you  will  at  once  proceed  to  the  State  Prison  and  make 
due  examination  and  inquiry  regarding  the  condition  of  the  Prison  and  prison- 
ers, especially  as  to  whether  the  prisoners  are  properly  fed  and   clothed  ;  also, 
whether  due  precautions  are  employed  by  the   Lessee  against  escapes  ;  that  is, 
more  particularly,  whether  the  guards  are  sufficient  in  number  and  usefulness  to 
prevent  such  escapes. 

Any  other  matters  which  may  occur  to  you  as  pertinent  to  these  inquiries, 
you  will  also  investigate. 

Very  respectfully. 

Your  obedient  servant, 

J.  NEELY  JOHNSON. 


EXHIBIT  NO,  28. 

John  Henry,  sworn  before  the  Committee,  says  he  acted  as  Commissary  for 
Gen.  Estell  at  the  Prison  from  13th  day  of  June,  1856,  to  2 1st  December  fol- 
lowing. During  that  time,  with  a  few  exceptions,  the  prisoners  were  fed  plenty 
of  coarse  food.  During  a  part  of  that  time,  a  part  of  the  clothing  of  the  priso- 
ners was  poor,  all  the  clothing,  except  shoes,  were  what  might  be  termed  medium 
good  clothing.  At  one  time,  some  200  pairs  of  shoes  came  over  to  the  Prison, 
which  were  distributed.  This  was  the  only  number  of  shoes  of  any  consider- 
able quantity  I  recollect  of.  With  this  exception,  the  prisoners  were  supplied 
from  shoes  on  hand  when  I  went  there,  and  such  as  the  prisoners  brought  to  the 
Prison.  At  times,  a  good  many  of  the  prisoners  were  entirely  without  shoes, 
and  I  infer  from  the  number  distributed,  that  there  must  have  been  many  with- 
out shoes. 

From  ray  own  observations,  and  from  the  reports  of  those  in  charge  of  the 
Prison,  the  prisoners  have  not  been  so  well  supplied  with  food  since,  as  during 
my  stay  at  the  Prison.  I  have  been  receiving  the  food  for  my  family  from  the 
store-house  of  the  Prison,  and  have  often  been  at  San  Quentin  during  that  time. 

I  inferred  from  a  letter  I  received  from  my  family  at  San  Rafael,  2^  miles  from 
the  Prison,  dated  Feb.  21st  or  22d,  that  there  had  been  no  arrivals  of  fresh 
provisions  recently,  and  up  to  that  date.  I  knew  of  a  package  of  what  I  sup- 
posed to  be  beef,   and  a  few  sacks  of  flour,   sent  to  the  Prison  on  the  19th  inst. 

I  have  not  been  familiar  with  the  management  of  any  other  State  Prison,  but 
I  have  a  pretty  good  idea  of  business  generally.  The  general  system  of  punish- 
ment of  prisoners  at  the  Prison,  is  with  a  rod  or  strap.  The  Captain  of  the 
guard,  before  the  present  Superintendant  was  employed,  used  generally  a  raw 
hide;  since  that,  Mr.  Gordon  has  used  a  strap.  I  have  generally  avoided  see- 
ing the  punishment,  but  have  sometimes  seen  the  infliction. 

JOHN  HENRY. 

Subscribed  and  sworn  to  before  me,  this  24th  day  of  Feb.,  1857. 

GEO.  H.  ROGERS,  Chairman. 


T 


COM 


